Decree Law 370 “On the computerization of Cuban society” and the lower-ranking regulations that develop its contents, establish restrictions on freedom of expression that contradict the provisions of Articles 8, 40, 41, 54 and 228 of the Constitution in force since April 10, 2019 and the provisions of international treaties in force for the Republic of Cuba, which by constitutional mandate form part of the national legal order, and which expressly protect freedom of expression.
These international treaties impose on the State the obligation to guarantee the right to freedom of expression, which encompasses the expression of political thought, commentary on personal and public affairs, discussion of human rights, journalism, cultural and artistic expression, education, and religious thought. This right includes even expressions that may be considered deeply offensive.
These include:
International Convention on the Elimination of All Forms of Racial Discrimination, ratified by Cuba on February 15, 1972, Section eight of subsection d) of its article 5 establishes the obligation to “… guarantee the right of every person to equality before the law, without distinction of race, color and national or ethnic origin, particularly the right to freedom of opinion and expression…”.
Convention on the Elimination of All Forms of Discrimination against Women, ratified by the Cuban State on July 17, 1980, Article 10, paragraph h), establishes the obligation to adopt “…all appropriate measures to eliminate discrimination against women, in order to ensure equal rights with men in the field of education and in particular access to specific informational material that contributes to ensuring the health and well-being of the family, including information and advice on family planning.
Convention on the Rights of the Child ratified by the Cuban State on August 21, 1991, The first paragraph of Article 13 states that children shall have “the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art or through any other media of the child’s choice.
Convention on the Rights of Persons with Disabilities ratified by the Cuban State on September 6, 2007, Article 4, paragraph 1, establishes, among several general obligations, the obligation to ensure and promote the full exercise of all human rights and fundamental freedoms of persons with disabilities without discrimination of any kind on the grounds of disability, and in its sections c, gyh, the obligation to take into account, in all policies and programs, the protection and promotion of the human rights of persons with disabilities; Undertaking or promoting research and development, and promoting the availability and use of new technologies, including information and communications technologies, mobility aids, technical devices and assistive technologies suitable for persons with disabilities, giving priority to those that are affordable; and Providing information that is accessible to persons with disabilities on mobility aids, technical devices and assistive technologies, including new technologies, as well as other forms of assistance and support services and facilities;
Under Article 21 of this international treaty, states undertake to take all appropriate measures to enable persons with disabilities to exercise the right to freedom of expression and opinion, including the freedom to seek, receive and impart information and ideas on an equal basis with others and through any means of communication of their choice… Among other measures, states should encourage private entities that provide services to the general public, including via the Internet, to provide information and services in formats that persons with disabilities can use and have access to (paragraph c); Encourage the media, including those that provide information via the Internet, to make their services accessible to persons with disabilities; (paragraph d).
Furthermore, Article 19 of International Covenant on Civil and Political Rights (ICCPR) It establishes that “[no one] shall be subject to interference with their opinions” and that “[e]veryone has the right to freedom of expression; this right includes freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other medium of one’s choice.” It is essential to remember that freedom of expression has a dual dimension that recognizes both the right of all people to express their thoughts, ideas, and information (individual dimension), and the collective right of all society to receive and know the information, thoughts, and information of others (social dimension).