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Critical Severity

Criminalizes Speech Without Incitement Requirement

Section 42 prohibits "indecent expressions" that explicitly do NOT incite hatred or violence, yet still trigger criminal penalties. The provision bans speech that "may reasonably provoke violence"—a vague, subjective standard based on hypothetical audience reactions rather than actual incitement. This falls well below international free speech norms (ECHR Article 10, ICCPR Article 19) which require narrow definitions, direct causation, and imminent harm. Undefined terms like "ethnic slurs and derogatory commentary" create uncertainty about what speech is permissible, potentially capturing legitimate criticism of ethnic groups' policies if expressed sharply. The Division—headed by a Presidential appointee—has discretionary power to determine what "may reasonably provoke violence," creating severe chilling effects on speech about ethnicity and group-related issues.