While the list of the different types of information that is protected under freedom of expression, we argue here that the main contribution of the quoted passage from the General Comment No. 34 is the clarification on the parameters of the freedom. The UNHRC stated that ‘this right includes the expression and receipt of communications of every form of idea and opinion capable of transmission’. It is perhaps needless to add that artistic expression is also included on the basis of the provisions of article 19(2) which mentions ‘form of art’. While the UNHRC did not deal with many individual complaints on artistic expression, the case of Shin v South Korea remains its flagship decision and it speaks to Zimbabwe on the point that artistic expression is a core component of freedom of expression.75 In this case the complainant painted a painting to convey a message to his audience. However, he was arrested on allegations that his painting constituted an ‘enemy-benefiting expression’, which meant supplying information or in a way supporting an enemy of the state. He was tried and convicted of the charge, sentenced to community service and his painting was destroyed by the state. On approaching the United Nations Human Rights Committee (herein UNHRC) with a complaint after exhausting all remedies, the UNHRC committee found South Korea in violation of Article 19(2) of the ICCPR to the extent that the complainant was prosecuted for the painting. That finding was based on failure by the state to limit the freedom in line with the requirements in the ICCPR, namely, that the law limiting the freedom on grounds of national security must be specific as to how national security was threatened. The UNHRC found as follows: “The Committee observes that the picture painted by the author plainly falls within the scope of the right of freedom of expression protected by article 19, paragraph 2; it recalls that this provision specifically refers to ideas imparted ‘in the form of art’ infringement of 75 the author's right to freedom of . Even expression, if the through Communication No. 926/2000, Shin v. Republic of Korea, Views adopted on 16 March 2004. 61 | P a g e

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