Compilation of decisions of the Committee on Freedom of Association

Trade union and employers organizations rights and civil liberties2

Freedom of opinion and expression

Authorization and censorship of publications

1. If before being able to publish a newspaper trade unions are required to furnish a substantial bond, this would constitute, especially in the case of smaller unions, such an unreasonable condition as to be incompatible with the exercise of the right of trade unions to express their opinions through the press.

1. The fear of the authorities of seeing a trade union newspaper serve political ends unrelated to trade union activities or which, at least, lie far outside their normal scope, is not a sufficient reason to refuse to allow such a newspaper to appear.

1. The publication and distribution of news and information of general or special interest to trade unions and their members constitutes a legitimate trade union activity and the application of measures designed to control publication and means of information may involve serious interference by administrative authorities with this activity. In such cases, the exercise of administrative authority should be subject to judicial review at the earliest possible moment.

1. The discretionary power of the public authorities to revoke the licence granted to a trade union newspaper, without it being possible to appeal against such decisions to a court of law, is not compatible with the provisions of Convention No. 87, which provides that workers organizations have the right to organize their activities without interference by the public authorities.

1. Placing leaflets containing slogans such as let those who caused the crisis pay for it, fight substandard employment, and we demand our night shift pay or similar slogans on the list of extremist literature impedes considerably the right of trade unions to express their views and is an unacceptable restriction on trade union activities and, as such, a grave violation of freedom of association.

1. While the imposition of general censorship is primarily a matter that relates to civil liberties rather than to trade union rights, the censorship of the press during an industrial dispute may have a direct effect on the conduct of the dispute and may prejudice the parties by not allowing the true facts surrounding the dispute to become known.