Freedom of speech by country
Encyclopedia
Freedom of speech
is the concept of the inherent human right
to voice one's opinion publicly
without fear of censorship
or punishment
. "Speech" is not limited to public speaking and is generally taken to include other forms of expression. The right is preserved in the United Nations
Universal Declaration of Human Rights
and is granted formal recognition by the laws of most nations. Nonetheless the degree to which the right is upheld in practice varies greatly from one nation to another. In many nations, particularly those with relatively authoritarian
forms of government, overt government censorship is enforced. Censorship has also been claimed to occur in other forms (see propaganda model
) and there are different approaches to issues such as hate speech
, obscenity
, and defamation laws even in countries seen as liberal democracies
.
Universal Declaration of Human Rights
, adopted in 1948, provides, in Article 19, that:
Technically, as a resolution of the United Nations General Assembly
rather than a treaty, it is not legally binding in its entirety on members of the UN. Furthermore, whilst some of its provisions are considered to form part of customary international law
, there is dispute as to which. Freedom of speech is granted unambiguous protection in international law by the International Covenant on Civil and Political Rights
which is binding on around 150 nations.
In adopting the United Nations Universal Declaration of Human Rights, Ireland
, Italy
, Luxembourg
, Monaco
, Australia and the Netherlands
insisted on reservations to Article 19 insofar as it might be held to affect their systems of regulating and licensing broadcasting.
The majority of African constitutions provide legal protection for freedom of speech. However, these rights are exercised inconsistently in practice. The replacement of authoritarian regimes in Kenya
and Ghana
has substantially improved the situation in those countries. On the other hand, Eritrea
allows no independent media and uses draft evasion as a pretext to crack down on any dissent, spoken or otherwise. One of the poorest and smallest nations in Africa, Eritrea is now the largest prison for journalists; since 2001, fourteen journalists have been imprisoned in unknown places without a trial. Sudan
, Libya
, and Equatorial Guinea
also have repressive laws and practices. In addition, many state radio stations (which are the primary source of news for illiterate people) are under tight control and programs, especially talk shows providing a forum to complain about the government, are often censored.
Also countries like Somalia and Egypt provide legal protection for freedom of speech but it is not used publicly
See also: Censorship in Algeria
, Censorship in Tunisia
.
is probably the most liberal in granting freedom of speech, however in light of South Africa's racial and discriminatory history, particularly the Apartheid era, the Constitution of the Republic of South Africa of 1996 precludes expression that is tantamount to the advocacy of hatred based on some listed grounds. Freedom of speech and expression are both protected and limited by a section in the South African Bill of Rights, chapter 2 of the Constitution. Section 16 makes the following provisions:
In 2005, the South African Constitutional Court set an international precedent in the case of Laugh It Off Promotions CC v South African Breweries International when it found that the small culture jamming
company Laugh-it-Off's right to freedom of expression outweighs the protection of trademark of the world's second largest brewery.
does not have explicit freedom of speech in any constitutional or statutory declaration of rights, with the exception of political speech which is protected from criminal prosecution at common law
per Australian Capital Television Pty Ltd v Commonwealth
.
In 1992 the High Court of Australia
judged in the case of Australian Capital Television Pty Ltd v Commonwealth that the Australian Constitution, by providing for a system of representative and responsible government, implied the protection of political communication as an essential element of that system. This freedom of political communication is not a broad freedom of speech as in other countries, but rather a freedom whose purpose is only to protect political free speech. This freedom of political free speech is a shield against government prosecution, not a shield against private prosecution (civil law
). It is also less a causal mechanism in itself, rather than simply a boundary which can be adjudged to be breached. Despite the court's ruling, however, not all political speech appears to be protected in Australia and several laws criminalise forms of speech that would be protected in other democratic countries such as the United States.
In 1996, Albert Langer
was imprisoned for advocating that voters fill out their ballot papers in a way that was invalid. Amnesty International
declared Langer to be a prisoner of conscience
. The section which outlawed Langer from encouraging people to vote this way has since been repealed and the law now says only that it is an offence to print or publish material which may deceive or mislead a voter.
The Howard Government
re-introduced sedition law
, which criminalises some forms of expression. Media Watch ran a series on the amendments on ABC television
.
In 2006, CSIRO senior scientist Graeme Pearman
was reprimanded and encouraged to resign after he spoke out on global warming
. The Howard Government
was accused of limiting the speech of Pearman and other scientists.
, North Korea
and some Central Asian Republics are reported to brutally repress freedom of speech. Freedom of speech has improved somewhat in the People's Republic of China
in recent years, but the level of free expression is still far from that of Western nations. There is no clear correlation between legal and constitutional guarantees of freedom of speech and actual practices among Asian nations.
guarantees freedom of speech and expression, and freedom of the press with certain restrictions. Blasphemy against Islam
is illegal in Pakistan
.
claims that:
Nonetheless strict censorship is widespread in mainland China. There is heavy government involvement in the media, with many of the largest media organizations being run by the Communist government. References to democracy
, the free Tibet movement, Taiwan
as an independent country, the Tiananmen Square Massacre, the Arab Spring
, certain religious organizations and anything questioning the legitimacy of the Communist Party of China
are banned from use in public and blocked on the Internet
.
Web portals including Microsoft
's MSN
have come under criticism for aiding in these practices, including banning the word "democracy" from its chat-rooms in China.
Due to close geographical proximity to Hong Kong, parts of southern China are able to receive broadcast signals from television channels in Hong Kong, where China's censorship
does not apply.
However, comments that the Communist Party feel uncomfortable with are cut out and replaced with TV commercials before they can reach consumers TVs in mainland China. Very few Western films are given permission to play in Chinese theatres, although widespread unlicensed copying of these films makes them widely available.
,
states that:
Freedom of speech has been restricted by the constitution of the Indian Union by the National Security Act
which is still in effect and laws like POTO and TADA act in the past.
" and "Prophet Muhammad" are used by politicians to answer to the peoples and the media. In May 2008, the Prime Minister of Malaysia Datuk Seri Abdullah Ahmad Badawi
put forward a headline "Media should practice voluntary self-censorship", saying there is no such thing as unlimited freedom and the media should not be abashed of "voluntary self-censorship" to respect cultural norms, different societies hold different values and while it might be acceptable in secular countries to depict a caricature of Prophet Muhammad, it was clearly not the case here. "It is not a moral or media sin to respect prophets. He said the Government also wanted the media not to undermine racial and religious harmony to the extent that it could threaten national security and public order. "I do not see these laws as curbs on freedom. Rather, they are essential for a healthy society."
, though in recent years prosecutions under this law have been rare.
There is a strict election law that takes effect a few months before elections which prohibits most speech that either supports or criticizes a particular candidate or party. One can be prosecuted for political parodies and even for wearing a particular color (usually the color of a party).
The UN Human Rights Commission expressed concerns about South Korea's deterioration of online free speech.
The European Convention on Human Rights
(ECHR), signed on 4 November 1950, guarantees a broad range of human rights to inhabitants of member countries of the Council of Europe
, which includes almost all European nations. These rights include Article 10, which entitles all citizens to free expression. Echoing the language of the Universal Declaration of Human Rights this provides that:
The Convention established the European Court of Human Rights
(ECtHR). Any person who feels his or her rights have been violated under the Convention by a state party can take a case to the Court. Judgements finding violations are binding on the States concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors the execution of judgements, particularly to ensure payment of the amounts awarded by the Court to the applicants in compensation for the damage they have sustained.
The Convention also includes some other restrictions:
For example, the Council of Europe Explanatory Report of the Additional Protocol to the Convention on Cybercrime
states the "European Court of Human Rights has made it clear that the denial or revision of 'clearly established historical facts – such as the Holocaust – [...] would be removed from the protection of Article 10 by Article 17' of the ECHR" in the Lehideux and Isorni v. France
judgment of 23 September 1998.
Each party to the Convention must alter its laws and policies to conform with the Convention, some, such as the United Kingdom
and the Republic of Ireland
, have expressly incorporated the Convention into their domestic laws. The guardian of the Convention is the European Court of Human Rights
. This court has heard many cases relating to freedom of speech, including cases that have tested the professional obligations of confidentiality of journalists and lawyers, and the application of defamation law, a recent example being the so called "McLibel case
".
are signatories of the European Convention on Human Rights along having various constitutional and legal rights to freedom of expression at the national level. The Charter of Fundamental Rights of the European Union
has been legally binding since December 1, 2009 when the Treaty of Lisbon became fully ratified and effective. Article 11 of the Charter, in part mirroring the language of the Universal Declaration of Human Rights and the European Convention on Human Rights, provides that
The European Court of Justice
takes into account both the Charter and the Convention when making its rulings. According to the Treaty of Lisbon, the European Union accedes to the European Convention as an entity in its own right, making the Convention binding not only on the governments of the member states but also on the supranational institutions of the EU.
:
The Declaration of the Rights of Man and of the Citizen
, of constitutional value, states, in its article 11:
In addition, France adheres to the European Convention on Human Rights and accepts the jurisdiction of the European Court of Human Rights.
French law prohibits public speech or writings that incite to racial or religious hatred, as well as those that deny the Holocaust
.
In December 2004, a controversial addition was made to the law, criminalizing the prohibition to hatred or violence against people because of their sexual orientation
.
An addition to the Public Health Code was passed on the 31 December 1970, which punishes the "positive presentation of drugs" and the "incitement to their consumption" with up to five years in prison and fines up to €76,000. Newspapers such as Libération
, Charlie Hebdo
and associations, political parties, and various publications criticizing the current drug laws and advocating drug reform in France have been repeatedly hit with heavy fines based on this law.
France does not implement any preliminary government censorship for written publications. Any violation of law must be processed through the courts.
The government has a commission recommending movie classifications, the decisions of which can be appealed before the courts. Another commission oversees publications for the youth. The Minister of the Interior can prohibit the sale of pornographic
publications to minors, and can also prevent such publications from being publicly displayed or advertised; such decisions can be challenged before administrative courts.
The government restricts the right of broadcasting to authorized radio and television channels; the authorizations are granted by an independent administrative authority; this authority has recently removed the broadcasting authorizations of some foreign channels because of their antisemitic content.
As part of “internal security” enactments passed in 2003, it is an offense to insult the national flag or anthem, with a penalty of a maximum 9,000 euro fine or up to six months' imprisonment. Restrictions on "offending the dignity of the republic", on the other hand, include "insulting" anyone who serves the public (potentially magistrates, police, firefighters, teachers and even bus conductors). The legislation reflects the debate that raged after incidents such as the booing of the “La Marseillaise
” at a France vs. Algeria football match in 2002.
:
The most important and sometimes controversial regulations limiting freedom of speech and freedom of the press can be found in the Criminal code
:
Blasphemy
against religion is illegal in Germany
under Blasphemy laws.
Outdoor assemblies must be registered beforehand. Assemblies at memorial sites are banned. Individuals and groups may be banned from assembling, especially those whose fundamental rights have been revoked and banned political parties. The Love Parade
decision (1 BvQ 28/01 and 1 BvQ 30/01 of 12 July 2001) determined that for an assembly to be protected it must comply with the concept of a constituent assembly
, or the so-called narrow concept of assembly whereby the participants in the assembly must pursue a common purpose that is in the common interest.
makes it an offence for the press
to insult the President of Greece
as well as Christianity and any other religion recognized by the state.
. However the article qualifies this right, providing that it may not be used to undermine "public order or morality or the authority of the State". Furthermore, the constitution explicitly requires that the publication of "blasphemous, seditious, or indecent matter" be a criminal offence, leading the government to pass a new blasphemy law on 8 July 2009.
The scope of the protection afforded by this Article has been interpreted restrictively by the judiciary, largely as a result of the wording of the Article, which qualifies the right before articulating it. Indeed, until an authoritative pronouncement on the issue by the Supreme Court, many believed that the protection was restricted to "convictions and opinions" and, as a result, a separate right to communicate was, by necessity, implied into Article 40.3.2. This judicial conservatism is at variance with the concept of speech as a democratic imperative. This, albeit trite, justification for free speech has underpinned the liberal, progressive interpretation of the First Amendment by the United States Supreme Court.
Under the European Convention on Human Rights Act 2003, all of the rights afforded by the European Convention form an integral part of the Republic of Ireland
's laws. The act is, however, subordinate to the constitution.
Article 7 of the Dutch Grondwet
in its first paragraph grants everybody the right to make public ideas and feelings by printing them without prior censorship, but not exonerating the author from his liabilities under the law. The second paragraph says that radio and television will be regulated by law but that there will be no prior censorship dealing with the content of broadcasts. The third paragraph grants a similar freedom of speech as in the first for other means of making ideas and feelings public but allowing censorship for reasons of decency when the public that has access may be younger than sixteen years of age. The fourth and last paragraph exempts commercial advertising from the freedoms granted in the first three paragraphs.
The penal code has laws however sanctioning certain types of expression. Such laws and freedom of speech are at the centre of a public debate in The Netherlands after the arrest on 16 May 2008 of cartoonist Gregorius Nekschot
. Jurisprudence from the 60's prohibits prosecution of blasphemy
. Parliament has recently expressed its wish to abolish the law penalizing blasphemy. The current Christian Democrat Justice Minister would however prefer to renew it and expand it to include non-religious philosophies of life, thus making it possible to anticipate and prevent international outcry similar to the Jyllands-Posten Muhammad cartoons controversy
. Laws that punish discriminatory speech also exist and are being used against Gregorius Nekschot. Laws on lèse majesté
exist and are occasionally used to prosecute.
codified freedom of speech in medieval Poland e.g. book publishers were not to be persecuted. The Constitution of the Republic of Poland, specifically forbids, the existence of "political parties and other organizations whose programmes are based upon totalitarian methods and the modes of activity of nazism, fascism and communism, as well as those whose programmes or activities sanction racial or national hatred, the application of violence for the purpose of obtaining power or to influence the State policy, or provide for the secrecy of their own structure or membership". , people are sometimes convicted and/or detained for about one day for insults to religious feeling (of the Roman Catholic Church
) or to heads of state
who are not yet, but soon will be, on Polish territory. On 18 July 2003, During 26–27 January 2005, about 30 human rights activists were temporarily detained by the police, allegedly for insulting Vladimir Putin
, a visiting head of state. The activists were released after about 30 hours and only one was actually charged with insulting a foreign head of state.
.
The Swedish constitution also give the rights for total anonomity, which can only be lifted ab initio
, unless it's a war crime
or can otherwise harm the countrys defence or economy, in which case it's considered animus nocendi
. It's also, to a lesser extent, illegal to make a hate speech
against an individual, group or organization (such as expressing racism
, sexism
, homophobia
or prejudice
), in which case the former may be used and the organization can be sued for the publication. Some notable recent cases are Radio Islam
and Åke Green
.
to freedom of expression under the common law
. In 1998, the United Kingdom
incorporated the European Convention, and the guarantee of freedom of expression it contains in Article 10, into its domestic law under the Human Rights Act
. There are many exceptions including threatening, abusive, or insulting speech or behavior likely to cause a breach of the peace
, which has been used to prohibit racist speech targeted at individuals, incitement
, incitement to racial hatred, incitement to religious hatred, incitement to terrorism
including encouragement of terrorism and dissemination of terrorist publications, glorifying terrorism, collection or possession of information likely to be of use to a terrorist, treason
including imagining the death of the monarch
, sedition
, obscenity
, indecency including corruption of public morals
and outraging public decency
, defamation, prior restraint
, restrictions on court reporting including names of victims and evidence and prejudicing or interfering with court proceedings, prohibition of post-trial interviews with jurors, scandalizing the court by criticising or murmuring judges, time, manner, and place restrictions, harassment, privileged communications, trade secrets, classified material, copyright, patents, military conduct, and limitations on commercial speech such as advertising.
UK law imposes a number of limitations on freedom of speech not found in some other jurisdictions. For example, its laws recognise the crimes of incitement to racial hatred and incitement to religious hatred
. UK laws on defamation are also considered among the strictest in the Western world, imposing a high burden of proof on the defendant. However, the Education (No. 2) Act 1986 guarantees freedom of speech (within institutions of further education and institutions of higher education) as long as it is within the law (see section 43 at http://www.legislation.gov.uk/ukpga/1986/61).
UK defamation law may have recently experienced a considerable liberalising effect as a result of the ruling in Jameel v Wall Street Journal in October 2006. A ruling of the House of Lords
- the then highest court of appeal - revived the so-called Reynolds Defence
, in which journalism undertaken in the public interest shall enjoy a complete defence against a libel suit. Conditions for the defence include the right of reply
for potential claimants, and that the balance of the piece was fair in view of what the writer knew at the time.
The ruling removed the awkward - and hitherto binding - conditions of being able to describe the publisher as being under a duty to publish the material and the public as having a definite interest in receiving it. The original House of Lords judgment in Reynolds was unclear and held 3-2; whereas Jameel was unanimous and resounding.
Lord Hoffman's words, in particular, for how the judge at first instance had applied Reynolds so narrowly, were very harsh. Hoffman LJ made seven references to Eady J, none of them favorable. He twice described his thinking as unrealistic and compared his language to “the jargon of the old Soviet Union.”
On 6 December 2007, Samina Malik
was convicted of possessing literature
deemed illegal by the Terrorism Act 2000
. The illegal literature included poems she had written. She received a nine-month suspended jail sentence. This case has been condemned by Hizb ut-Tahrir
Abdul Patel was found guilty of possessing a document likely to be useful for terrorism (a book on explosives).
Mohammed Siddique was sentenced to eight years of prison for possessing and distributing through his website freely available videos inciting martyrdom.
On 27 February 2008 civil servant Darryn Walker was arrested by officers from Scotland Yard
's Obscene Publications Unit for posting a work of fiction allegedly describing the kidnap, mutilation, rape and murder of the girl band 'Girls Aloud
' on a fantasy pornography website. While the website was hosted outside the UK, Walker's prosecution was possible under UK law as he is a British citizen living in the UK. He was found not guilty on 29 July 2009 as the CPS offered no evidence. The 1959 Obscene Publications Act
makes it illegal to publish material that tend to deprave and corrupt those reading or viewing it. In 1960 a prosecution under the Act was brought against Penguin Books
over the novel 'Lady Chatterley's Lover
'. Penguin was found not guilty and within a year the book had sold more than two million copies.
In 2009, Simon Sheppard
and Stephen Whittle were sentenced to prison time for publishing material that was likely to incite racial and religious hatred. They had tried to escape to the United States
but were not granted political asylum and were deported back to the UK.
The Video Recordings Act 2010
requires most video recordings and some video games offered for sale in the United Kingdom to display a classification supplied by the BBFC.
There are no set regulations as to what cannot be depicted in order to gain a classification as each scene is considered in the context of the wider intentions of the work; however images that could aid, encourage, or are a result of the committing of a crime, along with sustained and graphic images of torture or sexual abuse are the most likely to be refused. The objectionable material may be cut by the distributor in order to receive a classification, but with some works it may be deemed that no amount of cuts would be able to make the work suitable for classification, effectively banning that title from sale in the country.
Recordings refused a classification by the BBFC may still be shown in cinemas providing the local authority, from which a cinema must have a licence to operate, will permit them.
has granted freedom of speech since 1814 and is mostly unchanged since then. Article 142 of the penal code is a law against blasphemy
, but no one has been charged since 1933, though it was upheld as late as 2004. Article 135a of the penal code is a law against hate speech, which is debated and not widely used.
Article 100 in the Constitution states:
twice for censoring a TV-Advertisement of the organization, in which the livestock farming of pigs is shown. The organization won both lawsuits, and the Swiss state was convicted to pay compensations. Another very controversial law of Switzerland is that persons who refuse to recognize genocide like the Armenian Massacre of 1915 have to face trial. The Turkish politician Doğu Perinçek
was fined CHF 12,000 for denying the existence of the Genocide in 2007. Switzerland was criticized by Turkish media and Turkish politicians for acting against the freedom of opinion. Perinçek's application for a revision was rejected by the court.
guarantees the right to "Freedom of Expression and Dissemination of Thought". Moreover, the Republic of Turkey
is a signatory of the European Convention on Human Rights
and submits to the judgments of the European Court of Human Rights
. The constitutional freedom of expression may be limited by provisions in other laws, such as Article 301 of the Turkish Penal Code, which outlaws denigration of the Turkish Nation, while also providing that "expression of thought intended to criticize shall not constitute a crime".
2008. RWB states that Cuba is "the second biggest prison in the world for journalists" after the People's Republic of China
.
is section 2(b)
of the Canadian Charter of Rights and Freedoms
.
Due to section 1
of the Charter, the so-called limitation clause, Canada's freedom of expression is not absolute and can be limited under certain situations. Section 1 of the Charter states:
This section is double-edged. First it implies that a limitation on freedom of speech prescribed in law can be permitted if it can be justified as being a reasonable limit in a free and democratic society. Conversely, it implies that a restriction can be invalidated if it cannot be shown to be a reasonable limit in a free and democratic society.
Despite these protections, Canada has had a string of high-profile court cases in which writers have been prosecuted for their writings, in both magazines and web postings.
In the landmark Supreme Court of Canada
case R. v. Zundel
(1992), the court struck down a provision in the Criminal Code of Canada
that prohibited publication of false information or news, stating that it violated section 2(b) of the Charter.
Under section 318 of the Criminal Code of Canada
, it is illegal to promote genocide. Under section 319, it is illegal to publicly incite hatred against people based on their colour, race, religion, ethnic origin, and sexual orientation, except where the statements made are true or are made in good faith. The prohibition against inciting hatred based on sexual orientation was added to the section in 2004 with the passage of Bill C-250.
Other laws that protect freedom of speech in Canada, and did so, to a limited extent, before the Charter was enacted in 1982, include the Implied Bill of Rights
and the Canadian Bill of Rights
.
freedom of expression is protected by the First Amendment to the United States Constitution
. There are several statutory and common law exceptions including obscenity
, defamation, incitement
, incitement to riot
or imminent lawless action
, fighting words
, information decreed to be related to national security
such as classified information
, false advertising
, perjury
, harassment, privileged communications, trade secrets, copyright, patents, military conduct, and time, place and manner restrictions.
Historically, local communities and governments have sometimes sought to place limits upon speech that was deemed subversive or unpopular. There was a significant struggle for the right to free speech on the campus of the University of California at Berkeley
in the 1960s. And, in the period from 1906 to 1916, the Industrial Workers of the World
, a working class union, found it necessary to engage in free speech fights
intended to secure the right of union organizers to speak freely to wage workers. These free speech campaigns were sometimes quite successful, although participants often put themselves at great risk.
Freedom of speech is also sometimes limited to free speech zone
s, which can take the form of a wire fence enclosure, barricades, or an alternative venue designed to segregate speakers according to the content of their message. There is much controversy surrounding the creation of these areas — the mere existence of such zones is offensive to some people, who maintain that the First Amendment to the United States Constitution
makes the entire country an unrestricted free speech zone. Civil libertarians claim that Free Speech Zones are used as a form of censorship
and public relations
management to conceal the existence of popular opposition from the mass public and elected officials.
Neither the federal nor state governments engage in preliminary censorship of movies. However, the Motion Picture Association of America
has a rating system, and movies not rated by the MPAA cannot expect anything but a very limited release in theatres. Since the organization is private, no recourse to the courts is available. The rules implemented by the MPAA are more restrictive than the ones implemented by most First World countries. However, unlike comparable public or private institutions in other countries, the MPAA does not have the power to limit the retail sale of movies in tape or disc form based on their content, nor does it affect movie distribution in public (i.e., government-funded) libraries. Since 2000, it has become quite common for movie studios to release "unrated" DVD versions of films with MPAA-censored content put back in.
Unlike what has been called a strong international consensus that hate speech
needs to be prohibited by law and that such prohibitions override, or are irrelevant to, guarantees of freedom of expression, the United States is perhaps unique among the developed world in that under law hate speech regulation is incompatible with free speech.
, freedom of expression is a Constitutional right. Article Five of the Constitution of Brazil
establishes that the expression of thought is free, anonymity being forbidden. Furthermore, the expression of intellectual, artistic, scientific, and communications activities is free, independently of censorship or license. However, there are legal provisions criminalizing the desecration of religious artifacts at the time of worship, hate speech, racism, defamation, calumny and libel. Brazilian Law also forbids "unjust and grave threats".
Historically, freedom of speech has been a right in Brazilian Law since the 1824 Constitution was enacted, though it was banned by the Vargas dictatorship
and severely restricted under the military dictatorship in 1964-85.
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
is the concept of the inherent human right
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
to voice one's opinion publicly
In Public
"In Public" is a song by American R&B singer-songwriter Kelis, featuring American rapper Nas. It was written by Rockwilder and Kelis and produced by Rockwilder for Kelis' third studio album, Tasty . As the song title implies, its lyrics deal with public sex.The song was released in the United...
without fear of censorship
Censorship
thumb|[[Book burning]] following the [[1973 Chilean coup d'état|1973 coup]] that installed the [[Military government of Chile |Pinochet regime]] in Chile...
or punishment
Punishment
Punishment is the authoritative imposition of something negative or unpleasant on a person or animal in response to behavior deemed wrong by an individual or group....
. "Speech" is not limited to public speaking and is generally taken to include other forms of expression. The right is preserved in the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
and is granted formal recognition by the laws of most nations. Nonetheless the degree to which the right is upheld in practice varies greatly from one nation to another. In many nations, particularly those with relatively authoritarian
Authoritarianism
Authoritarianism is a form of social organization characterized by submission to authority. It is usually opposed to individualism and democracy...
forms of government, overt government censorship is enforced. Censorship has also been claimed to occur in other forms (see propaganda model
Propaganda model
The propaganda model is a conceptual model in political economy advanced by Edward S. Herman and Noam Chomsky that states how propaganda, including systemic biases, function in mass media...
) and there are different approaches to issues such as hate speech
Hate speech
Hate speech is, outside the law, any communication that disparages a person or a group on the basis of some characteristic such as race, color, ethnicity, gender, sexual orientation, nationality, religion, or other characteristic....
, obscenity
Obscenity
An obscenity is any statement or act which strongly offends the prevalent morality of the time, is a profanity, or is otherwise taboo, indecent, abhorrent, or disgusting, or is especially inauspicious...
, and defamation laws even in countries seen as liberal democracies
Liberal democracy
Liberal democracy, also known as constitutional democracy, is a common form of representative democracy. According to the principles of liberal democracy, elections should be free and fair, and the political process should be competitive...
.
International law
The United NationsUnited Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
, adopted in 1948, provides, in Article 19, that:
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Technically, as a resolution of the United Nations General Assembly
United Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...
rather than a treaty, it is not legally binding in its entirety on members of the UN. Furthermore, whilst some of its provisions are considered to form part of customary international law
Customary international law
Customary international law are those aspects of international law that derive from custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of...
, there is dispute as to which. Freedom of speech is granted unambiguous protection in international law by the International Covenant on Civil and Political Rights
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...
which is binding on around 150 nations.
In adopting the United Nations Universal Declaration of Human Rights, Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
, Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
, Luxembourg
Luxembourg
Luxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south...
, Monaco
Monaco
Monaco , officially the Principality of Monaco , is a sovereign city state on the French Riviera. It is bordered on three sides by its neighbour, France, and its centre is about from Italy. Its area is with a population of 35,986 as of 2011 and is the most densely populated country in the...
, Australia and the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
insisted on reservations to Article 19 insofar as it might be held to affect their systems of regulating and licensing broadcasting.
African continent
Kenya
Kenya , officially known as the Republic of Kenya, is a country in East Africa that lies on the equator, with the Indian Ocean to its south-east...
and Ghana
Ghana
Ghana , officially the Republic of Ghana, is a country located in West Africa. It is bordered by Côte d'Ivoire to the west, Burkina Faso to the north, Togo to the east, and the Gulf of Guinea to the south...
has substantially improved the situation in those countries. On the other hand, Eritrea
Eritrea
Eritrea , officially the State of Eritrea, is a country in the Horn of Africa. Eritrea derives it's name from the Greek word Erethria, meaning 'red land'. The capital is Asmara. It is bordered by Sudan in the west, Ethiopia in the south, and Djibouti in the southeast...
allows no independent media and uses draft evasion as a pretext to crack down on any dissent, spoken or otherwise. One of the poorest and smallest nations in Africa, Eritrea is now the largest prison for journalists; since 2001, fourteen journalists have been imprisoned in unknown places without a trial. Sudan
Sudan
Sudan , officially the Republic of the Sudan , is a country in North Africa, sometimes considered part of the Middle East politically. It is bordered by Egypt to the north, the Red Sea to the northeast, Eritrea and Ethiopia to the east, South Sudan to the south, the Central African Republic to the...
, Libya
Libya
Libya is an African country in the Maghreb region of North Africa bordered by the Mediterranean Sea to the north, Egypt to the east, Sudan to the southeast, Chad and Niger to the south, and Algeria and Tunisia to the west....
, and Equatorial Guinea
Equatorial Guinea
Equatorial Guinea, officially the Republic of Equatorial Guinea where the capital Malabo is situated.Annobón is the southernmost island of Equatorial Guinea and is situated just south of the equator. Bioko island is the northernmost point of Equatorial Guinea. Between the two islands and to the...
also have repressive laws and practices. In addition, many state radio stations (which are the primary source of news for illiterate people) are under tight control and programs, especially talk shows providing a forum to complain about the government, are often censored.
Also countries like Somalia and Egypt provide legal protection for freedom of speech but it is not used publicly
See also: Censorship in Algeria
Censorship in Algeria
The working conditions of journalists in Algeria have evolved since the 1962 independence. After 1990, the Code of Press was suppressed, allowing for greater freedom of press. However, with the civil war in the 1990s, more than 70 journalists were assassinated, either by security forces or by...
, Censorship in Tunisia
Censorship in Tunisia
Censorship in Tunisia has been an issue since the country gained independence in 1956. Though considered relatively mild under President Habib Bourguiba , censorship and other forms of repression have become common under his successor, President Zine El Abidine Ben Ali...
.
South Africa
South AfricaSouth Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
is probably the most liberal in granting freedom of speech, however in light of South Africa's racial and discriminatory history, particularly the Apartheid era, the Constitution of the Republic of South Africa of 1996 precludes expression that is tantamount to the advocacy of hatred based on some listed grounds. Freedom of speech and expression are both protected and limited by a section in the South African Bill of Rights, chapter 2 of the Constitution. Section 16 makes the following provisions:
- § 16 Freedom of expression
- (1) Everyone has the right to freedom of expression, which includes-
- (a) freedom of the press and other media;
- (b) freedom to receive or impart information or ideas;
- (c) freedom of artistic creativity; and
- (d) academic freedom and freedom of scientific research.
- (2) The right in subsection (1) does not extend to-
- (a) propaganda for war;
- (b) incitement of imminent violence; or
- (c) advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.
- (1) Everyone has the right to freedom of expression, which includes-
In 2005, the South African Constitutional Court set an international precedent in the case of Laugh It Off Promotions CC v South African Breweries International when it found that the small culture jamming
Culture jamming
Culture jamming, coined in 1984, denotes a tactic used by many anti-consumerist social movements to disrupt or subvert mainstream cultural institutions, including corporate advertising. Guerrilla semiotics and night discourse are sometimes used synonymously with the term culture jamming.Culture...
company Laugh-it-Off's right to freedom of expression outweighs the protection of trademark of the world's second largest brewery.
Australia
AustraliaAustralia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
does not have explicit freedom of speech in any constitutional or statutory declaration of rights, with the exception of political speech which is protected from criminal prosecution at common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
per Australian Capital Television Pty Ltd v Commonwealth
Australian Capital Television Pty Ltd v Commonwealth
Australian Capital Television v Commonwealth 177 CLR 106 was a significant court case decided in the High Court of Australia on 30 September 1992...
.
In 1992 the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
judged in the case of Australian Capital Television Pty Ltd v Commonwealth that the Australian Constitution, by providing for a system of representative and responsible government, implied the protection of political communication as an essential element of that system. This freedom of political communication is not a broad freedom of speech as in other countries, but rather a freedom whose purpose is only to protect political free speech. This freedom of political free speech is a shield against government prosecution, not a shield against private prosecution (civil law
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
). It is also less a causal mechanism in itself, rather than simply a boundary which can be adjudged to be breached. Despite the court's ruling, however, not all political speech appears to be protected in Australia and several laws criminalise forms of speech that would be protected in other democratic countries such as the United States.
In 1996, Albert Langer
Albert Langer
Albert Langer is an Australian political activist, best known for his 1996 conviction and gaoling on contempt charges after breaching an injunction forbidding his advocacy of marking electoral ballot papers in a way discouraged by the Australian Electoral Commission...
was imprisoned for advocating that voters fill out their ballot papers in a way that was invalid. Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
declared Langer to be a prisoner of conscience
Prisoner of conscience
Prisoner of conscience is a term defined in Peter Benenson's 1961 article "The Forgotten Prisoners" often used by the human rights group Amnesty International. It can refer to anyone imprisoned because of their race, religion, or political views...
. The section which outlawed Langer from encouraging people to vote this way has since been repealed and the law now says only that it is an offence to print or publish material which may deceive or mislead a voter.
The Howard Government
Howard Government
The Howard Government refers to the federal Executive Government of Australia led by Prime Minister John Howard. It was made up of members of the Liberal–National Coalition, which won a majority of seats in the Australian House of Representatives at four successive elections. The Howard Government...
re-introduced sedition law
Australian sedition law
Australian sedition law is the area of the criminal law of Australia relating to the crime of sedition.Effectively defunct for nearly half a century, these laws returned to public notice in 2005 when changes were included in an Anti-terrorism Bill announced by Prime Minister Howard prior to a...
, which criminalises some forms of expression. Media Watch ran a series on the amendments on ABC television
Australian Broadcasting Corporation
The Australian Broadcasting Corporation, commonly referred to as "the ABC" , is Australia's national public broadcaster...
.
In 2006, CSIRO senior scientist Graeme Pearman
Graeme Pearman
Graeme Pearman was Chief of CSIRO Atmospheric Research in Australia from 1992 to 2002, and is an international expert on increasing levels of carbon dioxide and global warming. He left CSIRO in 2004 to establish his own consultancy company and take up a position with Monash University...
was reprimanded and encouraged to resign after he spoke out on global warming
Climate change
Climate change is a significant and lasting change in the statistical distribution of weather patterns over periods ranging from decades to millions of years. It may be a change in average weather conditions or the distribution of events around that average...
. The Howard Government
Howard Government
The Howard Government refers to the federal Executive Government of Australia led by Prime Minister John Howard. It was made up of members of the Liberal–National Coalition, which won a majority of seats in the Australian House of Representatives at four successive elections. The Howard Government...
was accused of limiting the speech of Pearman and other scientists.
Asia
Several Asian countries provide formal legal guarantees of freedom of speech to their citizens. These are not, however, implemented in practice in some countries. Countries such as MyanmarMyanmar
Burma , officially the Republic of the Union of Myanmar , is a country in Southeast Asia. Burma is bordered by China on the northeast, Laos on the east, Thailand on the southeast, Bangladesh on the west, India on the northwest, the Bay of Bengal to the southwest, and the Andaman Sea on the south....
, North Korea
North Korea
The Democratic People’s Republic of Korea , , is a country in East Asia, occupying the northern half of the Korean Peninsula. Its capital and largest city is Pyongyang. The Korean Demilitarized Zone serves as the buffer zone between North Korea and South Korea...
and some Central Asian Republics are reported to brutally repress freedom of speech. Freedom of speech has improved somewhat in the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
in recent years, but the level of free expression is still far from that of Western nations. There is no clear correlation between legal and constitutional guarantees of freedom of speech and actual practices among Asian nations.
Pakistan
Articles 19 of the Constitution of PakistanConstitution of Pakistan
The Constitution of the Islamic Republic of Pakistan is the supreme law of Pakistan. Known as the Constitution of 1973, it was drafted by the government of Zulfikar Ali Bhutto and, following additions by the opposition parties, was approved by the legislative assembly on April 10, 1973...
guarantees freedom of speech and expression, and freedom of the press with certain restrictions. Blasphemy against Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
is illegal in Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
.
People's Republic of China (mainland)
Article 35 of the Constitution of the People's Republic of ChinaConstitution of the People's Republic of China
The Constitution of the People's Republic of China is the highest law within the People's Republic of China. The current version was adopted by the 5th National People's Congress on December 4, 1982 with further revisions in 1988, 1993, 1999, and 2004. Three previous state constitutions—those of...
claims that:
Citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration.
Nonetheless strict censorship is widespread in mainland China. There is heavy government involvement in the media, with many of the largest media organizations being run by the Communist government. References to democracy
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
, the free Tibet movement, Taiwan
Taiwan
Taiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...
as an independent country, the Tiananmen Square Massacre, the Arab Spring
Arab Spring
The Arab Spring , otherwise known as the Arab Awakening, is a revolutionary wave of demonstrations and protests occurring in the Arab world that began on Saturday, 18 December 2010...
, certain religious organizations and anything questioning the legitimacy of the Communist Party of China
Communist Party of China
The Communist Party of China , also known as the Chinese Communist Party , is the founding and ruling political party of the People's Republic of China...
are banned from use in public and blocked on the Internet
Internet
The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...
.
Web portals including Microsoft
Microsoft
Microsoft Corporation is an American public multinational corporation headquartered in Redmond, Washington, USA that develops, manufactures, licenses, and supports a wide range of products and services predominantly related to computing through its various product divisions...
's MSN
MSN
MSN is a collection of Internet sites and services provided by Microsoft. The Microsoft Network debuted as an online service and Internet service provider on August 24, 1995, to coincide with the release of the Windows 95 operating system.The range of services offered by MSN has changed since its...
have come under criticism for aiding in these practices, including banning the word "democracy" from its chat-rooms in China.
Due to close geographical proximity to Hong Kong, parts of southern China are able to receive broadcast signals from television channels in Hong Kong, where China's censorship
Censorship in the People's Republic of China
Censorship in the People's Republic of China is implemented or mandated by the PRC's ruling party, the Communist Party of China . The special administrative regions of Hong Kong and Macau have their own legal systems and are largely self-governing, so these censorship policies do not apply...
does not apply.
However, comments that the Communist Party feel uncomfortable with are cut out and replaced with TV commercials before they can reach consumers TVs in mainland China. Very few Western films are given permission to play in Chinese theatres, although widespread unlicensed copying of these films makes them widely available.
Hong Kong
Under Hong Kong Basic LawHong Kong Basic Law
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, or simply Hong Kong Basic Law, serves as the constitutional document of the Hong Kong Special Administrative Region of the People's Republic of China...
,
- Hong Kong residents shall have freedom of speech.
- The freedom of the person of Hong Kong residents shall be inviolable.
- The freedom and privacy of communication of Hong Kong residents shall be protected by law.
India
The Indian constitution guarantees freedom of speech to every citizen and there have been landmark cases in the Indian Supreme Court that have affirmed the nation's policy of allowing free press and freedom of expression to every citizen. In India, citizens are free to criticize politics, politicians, bureaucracy and policies. The freedoms are comparable to those in the United States and Western European democracies. Article 19 of the Indian constitutionConstitution of India
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...
states that:
All citizens shall have the right —
- to freedom of speech and expression;
- to assemble peaceably and without arms;
- to form associations or unions;
- to move freely throughout the territory of India;
- to reside and settle in any part of the territory of India; and
- to practise any profession, or to carry on any occupation, trade or business.
These rights are limited so as not to effect:
- The integrity of India
- The security of the State
- Friendly relations with foreign States
- Public order
- Decency or morality
- Contempt of court
- Defamation or incitement to an offence
Freedom of speech has been restricted by the constitution of the Indian Union by the National Security Act
National Security Act (India)
The National Security Act 1980 is an act of the Indian Parliament whose purpose is "to provide for preventive detention in certain cases and for matters connected therewith." The act extends to the whole of India except the State of Jammu and Kashmir...
which is still in effect and laws like POTO and TADA act in the past.
Malaysia
In Malaysia, "GodGod
God is the English name given to a singular being in theistic and deistic religions who is either the sole deity in monotheism, or a single deity in polytheism....
" and "Prophet Muhammad" are used by politicians to answer to the peoples and the media. In May 2008, the Prime Minister of Malaysia Datuk Seri Abdullah Ahmad Badawi
Abdullah Ahmad Badawi
Tun Abdullah bin Haji Ahmad Badawi is a Malaysian politician who served as Prime Minister from 2003 to 2009. He was also the President of the United Malays National Organisation , the largest political party in Malaysia, and led the governing Barisan Nasional parliamentary coalition...
put forward a headline "Media should practice voluntary self-censorship", saying there is no such thing as unlimited freedom and the media should not be abashed of "voluntary self-censorship" to respect cultural norms, different societies hold different values and while it might be acceptable in secular countries to depict a caricature of Prophet Muhammad, it was clearly not the case here. "It is not a moral or media sin to respect prophets. He said the Government also wanted the media not to undermine racial and religious harmony to the extent that it could threaten national security and public order. "I do not see these laws as curbs on freedom. Rather, they are essential for a healthy society."
South Korea
The South Korean constitution guarantees freedom of speech, press, petition and assembly. However, behaviors or speeches in favor of the North Korean regime or communism can be punished by the National Security LawNational Security Act (South Korea)
The National Security Law is a South Korean law which has the avowed purpose "to restrict anti-state acts that endanger national security and to protect [the] nation's safety and its people's life and freedom."...
, though in recent years prosecutions under this law have been rare.
There is a strict election law that takes effect a few months before elections which prohibits most speech that either supports or criticizes a particular candidate or party. One can be prosecuted for political parodies and even for wearing a particular color (usually the color of a party).
The UN Human Rights Commission expressed concerns about South Korea's deterioration of online free speech.
Council of Europe
The European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
(ECHR), signed on 4 November 1950, guarantees a broad range of human rights to inhabitants of member countries of the Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
, which includes almost all European nations. These rights include Article 10, which entitles all citizens to free expression. Echoing the language of the Universal Declaration of Human Rights this provides that:
- Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
The Convention established the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
(ECtHR). Any person who feels his or her rights have been violated under the Convention by a state party can take a case to the Court. Judgements finding violations are binding on the States concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors the execution of judgements, particularly to ensure payment of the amounts awarded by the Court to the applicants in compensation for the damage they have sustained.
The Convention also includes some other restrictions:
- The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or the rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.
For example, the Council of Europe Explanatory Report of the Additional Protocol to the Convention on Cybercrime
Additional Protocol to the Convention on cybercrime
Additional Protocol to the Convention on Cybercrime is an additional protocol to the Council of Europe Cybercrime Convention, addressing materials and "acts of racist or xenophobic nature committed through computer networks," was proposed by some member States. This additional protocol was the...
states the "European Court of Human Rights has made it clear that the denial or revision of 'clearly established historical facts – such as the Holocaust – [...] would be removed from the protection of Article 10 by Article 17' of the ECHR" in the Lehideux and Isorni v. France
Lehideux and Isorni v. France
Lehideux and Isorni v. France , was a case heard by the European Court of Human Rights on punishing statements praising collaborators...
judgment of 23 September 1998.
Each party to the Convention must alter its laws and policies to conform with the Convention, some, such as the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
, have expressly incorporated the Convention into their domestic laws. The guardian of the Convention is the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
. This court has heard many cases relating to freedom of speech, including cases that have tested the professional obligations of confidentiality of journalists and lawyers, and the application of defamation law, a recent example being the so called "McLibel case
McLibel case
McDonald's Corporation v Steel & Morris [1997] EWHC QB 366, known as "the McLibel case" was an English lawsuit filed by McDonald's Corporation against environmental activists Helen Steel and David Morris over a pamphlet critical of the company...
".
European Union
Currently, all members of the European UnionEuropean Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
are signatories of the European Convention on Human Rights along having various constitutional and legal rights to freedom of expression at the national level. The Charter of Fundamental Rights of the European Union
Charter of Fundamental Rights of the European Union
The Charter of Fundamental Rights of the European Union enshrines certain political, social, and economic rights for European Union citizens and residents, into EU law. It was drafted by the European Convention and solemnly proclaimed on 7 December 2000 by the European Parliament, the Council of...
has been legally binding since December 1, 2009 when the Treaty of Lisbon became fully ratified and effective. Article 11 of the Charter, in part mirroring the language of the Universal Declaration of Human Rights and the European Convention on Human Rights, provides that
- 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.
- 2. The freedom and pluralism of the media shall be respected.
The European Court of Justice
European Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...
takes into account both the Charter and the Convention when making its rulings. According to the Treaty of Lisbon, the European Union accedes to the European Convention as an entity in its own right, making the Convention binding not only on the governments of the member states but also on the supranational institutions of the EU.
Denmark
Freedom of speech in Denmark is granted by GrundlovenConstitution of Denmark
The Constitutional Act of Denmark is the Kingdom of Denmark's constitution, or fundamental law. Originally verified in 1849, the last revision was signed on 5 June 1953 as "the existing law, for all to unswerving comply with, the Constitutional Act of Denmark".-Idea and structure:The main...
:
- § 77 Any person shall be at liberty to publish his ideas in print, in writing, and in speech, subject to his being held responsible in a court of law. Censorship and other preventive measures shall never again be introduced.
France
The Declaration of the Rights of Man and of the Citizen
Declaration of the Rights of Man and of the Citizen
The Declaration of the Rights of Man and of the Citizen is a fundamental document of the French Revolution, defining the individual and collective rights of all the estates of the realm as universal. Influenced by the doctrine of "natural right", the rights of man are held to be universal: valid...
, of constitutional value, states, in its article 11:
- The free communication of thoughts and of opinions is one of the most precious rights of man: any citizen thus may speak, write, print freely, save [if it is necessary] to respond to the abuse of this liberty, in the cases determined by the law.
In addition, France adheres to the European Convention on Human Rights and accepts the jurisdiction of the European Court of Human Rights.
Restrictions
French law prohibits public speech or writings that incite to racial or religious hatred, as well as those that deny the Holocaust
Holocaust denial
Holocaust denial is the act of denying the genocide of Jews in World War II, usually referred to as the Holocaust. The key claims of Holocaust denial are: the German Nazi government had no official policy or intention of exterminating Jews, Nazi authorities did not use extermination camps and gas...
.
In December 2004, a controversial addition was made to the law, criminalizing the prohibition to hatred or violence against people because of their sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
.
An addition to the Public Health Code was passed on the 31 December 1970, which punishes the "positive presentation of drugs" and the "incitement to their consumption" with up to five years in prison and fines up to €76,000. Newspapers such as Libération
Libération
Libération is a French daily newspaper founded in Paris by Jean-Paul Sartre and Serge July in 1973 in the wake of the protest movements of May 1968. Originally a leftist newspaper, it has undergone a number of shifts during the 1980s and 1990s...
, Charlie Hebdo
Charlie Hebdo
Charlie Hebdo is a French satirical weekly newspaper, featuring cartoons, reports, polemics and jokes. It appeared from 1969 to 1981, when it folded, and was resurrected in 1992. The current editor is cartoonist Charb. His predecessors are François Cavanna and Philippe Val...
and associations, political parties, and various publications criticizing the current drug laws and advocating drug reform in France have been repeatedly hit with heavy fines based on this law.
France does not implement any preliminary government censorship for written publications. Any violation of law must be processed through the courts.
The government has a commission recommending movie classifications, the decisions of which can be appealed before the courts. Another commission oversees publications for the youth. The Minister of the Interior can prohibit the sale of pornographic
Pornography
Pornography or porn is the explicit portrayal of sexual subject matter for the purposes of sexual arousal and erotic satisfaction.Pornography may use any of a variety of media, ranging from books, magazines, postcards, photos, sculpture, drawing, painting, animation, sound recording, film, video,...
publications to minors, and can also prevent such publications from being publicly displayed or advertised; such decisions can be challenged before administrative courts.
The government restricts the right of broadcasting to authorized radio and television channels; the authorizations are granted by an independent administrative authority; this authority has recently removed the broadcasting authorizations of some foreign channels because of their antisemitic content.
As part of “internal security” enactments passed in 2003, it is an offense to insult the national flag or anthem, with a penalty of a maximum 9,000 euro fine or up to six months' imprisonment. Restrictions on "offending the dignity of the republic", on the other hand, include "insulting" anyone who serves the public (potentially magistrates, police, firefighters, teachers and even bus conductors). The legislation reflects the debate that raged after incidents such as the booing of the “La Marseillaise
La Marseillaise
"La Marseillaise" is the national anthem of France. The song, originally titled "Chant de guerre pour l'Armée du Rhin" was written and composed by Claude Joseph Rouget de Lisle in 1792. The French National Convention adopted it as the Republic's anthem in 1795...
” at a France vs. Algeria football match in 2002.
Germany
Freedom of expression is granted by Article 5 of the Basic Law for the Federal Republic of GermanyBasic Law for the Federal Republic of Germany
The Basic Law for the Federal Republic of Germany is the constitution of Germany. It was formally approved on 8 May 1949, and, with the signature of the Allies of World War II on 12 May, came into effect on 23 May, as the constitution of those states of West Germany that were initially included...
:
- Every person shall have the right freely to express and disseminate his opinions in speech, writing, and pictures and to inform himself without hindrance from generally accessible sources. Freedom of the press and freedom of reporting by means of broadcasts and films shall be guaranteed. There shall be no censorship.
- These rights shall find their limits in the provisions of general laws, in provisions for the protection of young persons, and in the right to personal honor.
- Art and scholarship, research, and teaching shall be free. The freedom of teaching shall not release any person from allegiance to the constitution.
The most important and sometimes controversial regulations limiting freedom of speech and freedom of the press can be found in the Criminal code
Strafgesetzbuch
Strafgesetzbuch is the German name for Penal Code and is abbreviated to StGB.- History :In Germany the Strafgesetzbuch goes back to the Penal Code of the German Empire passed in the year 1871 which was largely identical to the Penal Code of the North German Confederation.This Reichsstrafgesetzbuch ...
:
- InsultInsultAn insult is an expression, statement which is considered degrading and offensive. Insults may be intentional or accidental...
is punishable under Section 185. SatireSatireSatire is primarily a literary genre or form, although in practice it can also be found in the graphic and performing arts. In satire, vices, follies, abuses, and shortcomings are held up to ridicule, ideally with the intent of shaming individuals, and society itself, into improvement...
and similar forms of artArtArt is the product or process of deliberately arranging items in a way that influences and affects one or more of the senses, emotions, and intellect....
enjoy more freedom but have to respect human dignity (Article 1 of the Basic law). - Malicious GossipGossipGossip is idle talk or rumour, especially about the personal or private affairs of others, It is one of the oldest and most common means of sharing facts and views, but also has a reputation for the introduction of errors and variations into the information transmitted...
and Defamation (Section 186 and 187). Utterances about factFactA fact is something that has really occurred or is actually the case. The usual test for a statement of fact is verifiability, that is whether it can be shown to correspond to experience. Standard reference works are often used to check facts...
s (opposed to personal judgement) are allowed if they are true and can be proven. Yet journalists are free to investigate without evidence because they are justified by Safeguarding Legitimate Interests (Section 193). - Hate speechHate speechHate speech is, outside the law, any communication that disparages a person or a group on the basis of some characteristic such as race, color, ethnicity, gender, sexual orientation, nationality, religion, or other characteristic....
may be punishable if against segments of the population and in a manner that is capable of disturbing the public peace (Section 130 [Agitation of the People]), including racist agitation and antisemitism. - Holocaust denialHolocaust denialHolocaust denial is the act of denying the genocide of Jews in World War II, usually referred to as the Holocaust. The key claims of Holocaust denial are: the German Nazi government had no official policy or intention of exterminating Jews, Nazi authorities did not use extermination camps and gas...
is punishable according to Section 130 subsection 3. - Dissemination of Means of Propaganda of Unconstitutional Organizations (Section 86).
- Use of Symbols of Unconstitutional Organizations (Section 86a) as the SwastikaSwastikaThe swastika is an equilateral cross with its arms bent at right angles, in either right-facing form in counter clock motion or its mirrored left-facing form in clock motion. Earliest archaeological evidence of swastika-shaped ornaments dates back to the Indus Valley Civilization of Ancient...
. - Disparagement of
- the Federal President (Section 90).
- the State and its Symbols (Section 90a).
- Insult to Organs and Representatives of Foreign States (Section 103).
- Rewarding and Approving Crimes (Section 140).
- Casting False Suspicion (Section 164).
- Insulting of Faiths, Religious Societies and Organizations Dedicated to a Philosophy of Life if they could disturb public peace (Section 166)
- Dissemination of Pornographic Writings (Section 184).
Blasphemy
Blasphemy
Blasphemy is irreverence towards religious or holy persons or things. Some countries have laws to punish blasphemy, while others have laws to give recourse to those who are offended by blasphemy...
against religion is illegal in Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
under Blasphemy laws.
Outdoor assemblies must be registered beforehand. Assemblies at memorial sites are banned. Individuals and groups may be banned from assembling, especially those whose fundamental rights have been revoked and banned political parties. The Love Parade
Love Parade
The Love Parade was a popular electronic dance music festival and parade that originated in 1989 in West Berlin, Germany. It was held in Germany annually between 1989 and 2003 in Berlin, and then from 2006 to 2010 in the Ruhr region...
decision (1 BvQ 28/01 and 1 BvQ 30/01 of 12 July 2001) determined that for an assembly to be protected it must comply with the concept of a constituent assembly
Constituent assembly
A constituent assembly is a body composed for the purpose of drafting or adopting a constitution...
, or the so-called narrow concept of assembly whereby the participants in the assembly must pursue a common purpose that is in the common interest.
Greece
The 14th article of the Constitution of GreeceConstitution of Greece
The Constitution of Greece , was created by the Fifth Revisional Parliament of the Hellenes and entered into force in 1975. It has been revised three times since, most significantly in 1986, and also in 2001 and in 2008. The Constitutional history of Greece goes back to the Greek War of...
makes it an offence for the press
News media
The news media are those elements of the mass media that focus on delivering news to the general public or a target public.These include print media , broadcast news , and more recently the Internet .-Etymology:A medium is a carrier of something...
to insult the President of Greece
President of Greece
The President of the Hellenic Republic , colloquially referred to in English as the President of Greece, is the head of state of Greece. The office of the President of the Republic was established after the Greek republic referendum, 1974 and formally by the Constitution of Greece in 1975. The...
as well as Christianity and any other religion recognized by the state.
Ireland
Freedom of speech is protected by Article 40.6.1 of the Irish constitutionConstitution of Ireland
The Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...
. However the article qualifies this right, providing that it may not be used to undermine "public order or morality or the authority of the State". Furthermore, the constitution explicitly requires that the publication of "blasphemous, seditious, or indecent matter" be a criminal offence, leading the government to pass a new blasphemy law on 8 July 2009.
The scope of the protection afforded by this Article has been interpreted restrictively by the judiciary, largely as a result of the wording of the Article, which qualifies the right before articulating it. Indeed, until an authoritative pronouncement on the issue by the Supreme Court, many believed that the protection was restricted to "convictions and opinions" and, as a result, a separate right to communicate was, by necessity, implied into Article 40.3.2. This judicial conservatism is at variance with the concept of speech as a democratic imperative. This, albeit trite, justification for free speech has underpinned the liberal, progressive interpretation of the First Amendment by the United States Supreme Court.
Under the European Convention on Human Rights Act 2003, all of the rights afforded by the European Convention form an integral part of the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
's laws. The act is, however, subordinate to the constitution.
The Netherlands
Constitution of the Netherlands
The Constitution of the Netherlands is the fundamental law of the European territory of the Kingdom of the Netherlands. The present constitution is generally seen as directly derived from the one issued in 1815, constituting a constitutional monarchy. A revision in 1848 instituted a system of...
in its first paragraph grants everybody the right to make public ideas and feelings by printing them without prior censorship, but not exonerating the author from his liabilities under the law. The second paragraph says that radio and television will be regulated by law but that there will be no prior censorship dealing with the content of broadcasts. The third paragraph grants a similar freedom of speech as in the first for other means of making ideas and feelings public but allowing censorship for reasons of decency when the public that has access may be younger than sixteen years of age. The fourth and last paragraph exempts commercial advertising from the freedoms granted in the first three paragraphs.
The penal code has laws however sanctioning certain types of expression. Such laws and freedom of speech are at the centre of a public debate in The Netherlands after the arrest on 16 May 2008 of cartoonist Gregorius Nekschot
Gregorius Nekschot
Gregorius Nekschot is the pseudonym of a controversial Dutch cartoonist who mocks political ideas about Dutch multicultural society and the behaviour of people with rigid religious or ideological views. Islam is frequently subject of his cartoons. Gregorius Nekschot publishes his cartoons and...
. Jurisprudence from the 60's prohibits prosecution of blasphemy
Blasphemy
Blasphemy is irreverence towards religious or holy persons or things. Some countries have laws to punish blasphemy, while others have laws to give recourse to those who are offended by blasphemy...
. Parliament has recently expressed its wish to abolish the law penalizing blasphemy. The current Christian Democrat Justice Minister would however prefer to renew it and expand it to include non-religious philosophies of life, thus making it possible to anticipate and prevent international outcry similar to the Jyllands-Posten Muhammad cartoons controversy
Jyllands-Posten Muhammad cartoons controversy
The Jyllands-Posten Muhammad cartoons controversy began after 12 editorial cartoons, most of which depicted the Islamic prophet Muhammad, were published in the Danish newspaper Jyllands-Posten on 30 September 2005...
. Laws that punish discriminatory speech also exist and are being used against Gregorius Nekschot. Laws on lèse majesté
Lèse majesté
Lese-majesty is the crime of violating majesty, an offence against the dignity of a reigning sovereign or against a state.This behavior was first classified as a criminal offence against the dignity of the Roman republic in Ancient Rome...
exist and are occasionally used to prosecute.
Poland
"Statutes of Wiślica" introduced in 1347 by Casimir III of PolandCasimir III of Poland
Casimir III the Great , last King of Poland from the Piast dynasty , was the son of King Władysław I the Elbow-high and Hedwig of Kalisz.-Biography:...
codified freedom of speech in medieval Poland e.g. book publishers were not to be persecuted. The Constitution of the Republic of Poland, specifically forbids, the existence of "political parties and other organizations whose programmes are based upon totalitarian methods and the modes of activity of nazism, fascism and communism, as well as those whose programmes or activities sanction racial or national hatred, the application of violence for the purpose of obtaining power or to influence the State policy, or provide for the secrecy of their own structure or membership". , people are sometimes convicted and/or detained for about one day for insults to religious feeling (of the Roman Catholic Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
) or to heads of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
who are not yet, but soon will be, on Polish territory. On 18 July 2003, During 26–27 January 2005, about 30 human rights activists were temporarily detained by the police, allegedly for insulting Vladimir Putin
Vladimir Putin
Vladimir Vladimirovich Putin served as the second President of the Russian Federation and is the current Prime Minister of Russia, as well as chairman of United Russia and Chairman of the Council of Ministers of the Union of Russia and Belarus. He became acting President on 31 December 1999, when...
, a visiting head of state. The activists were released after about 30 hours and only one was actually charged with insulting a foreign head of state.
Sweden
Freedom of speech is regulated in three parts of the Constitution of SwedenConstitution of Sweden
The Swedish Constitution consists of four fundamental laws :* The 1810 Act of Succession * The 1949 Freedom of the Press Act * The 1974 Instrument of Government * The 1991 Fundamental Law on Freedom of Expression...
.
- Regeringsformen, Chapter 2 (Fundamental Rights and Freedoms) protects personal freedom of expression “whether orally, pictorially, in writing, or in any other way”
- Tryckfrihetsförordningen (Freedom of the Press Act) protects the freedom of printed press, as well as the principle of free access to public records (offentlighetsprincipen) and the right to communicate information to the press anonymouslyWhistleblowerA whistleblower is a person who tells the public or someone in authority about alleged dishonest or illegal activities occurring in a government department, a public or private organization, or a company...
. For a newspaper to be covered by this law, it must be registered and have a “responsible editorEditingEditing is the process of selecting and preparing written, visual, audible, and film media used to convey information through the processes of correction, condensation, organization, and other modifications performed with an intention of producing a correct, consistent, accurate, and complete...
”. - Yttrandefrihetsgrundlagen (Fundamental Law on Freedom of Expression) extends protections similar to those of Tryckfrihetsförordningen to other media, including television, radio and web sites.
The Swedish constitution also give the rights for total anonomity, which can only be lifted ab initio
Ab initio
ab initio is a Latin term used in English, meaning from the beginning.ab initio may also refer to:* Ab Initio , a leading ETL Tool Software Company in the field of Data Warehousing.* ab initio quantum chemistry methods...
, unless it's a war crime
War crime
War crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...
or can otherwise harm the countrys defence or economy, in which case it's considered animus nocendi
Animus nocendi
In jurisprudence, animus nocendi is the subjective state of mind of the author of a crime, with reference to the exact knowledge of illegal content of his behaviour, and of its possible consequences....
. It's also, to a lesser extent, illegal to make a hate speech
Hate speech
Hate speech is, outside the law, any communication that disparages a person or a group on the basis of some characteristic such as race, color, ethnicity, gender, sexual orientation, nationality, religion, or other characteristic....
against an individual, group or organization (such as expressing racism
Racism
Racism is the belief that inherent different traits in human racial groups justify discrimination. In the modern English language, the term "racism" is used predominantly as a pejorative epithet. It is applied especially to the practice or advocacy of racial discrimination of a pernicious nature...
, sexism
Sexism
Sexism, also known as gender discrimination or sex discrimination, is the application of the belief or attitude that there are characteristics implicit to one's gender that indirectly affect one's abilities in unrelated areas...
, homophobia
Homophobia
Homophobia is a term used to refer to a range of negative attitudes and feelings towards lesbian, gay and in some cases bisexual, transgender people and behavior, although these are usually covered under other terms such as biphobia and transphobia. Definitions refer to irrational fear, with the...
or prejudice
Prejudice
Prejudice is making a judgment or assumption about someone or something before having enough knowledge to be able to do so with guaranteed accuracy, or "judging a book by its cover"...
), in which case the former may be used and the organization can be sued for the publication. Some notable recent cases are Radio Islam
Radio Islam
Radio Islam was a Swedish radio channel, now a website, which is dedicated to "the liberation struggle of the Palestinian people against Israel". The EU's racism monitoring organization has called it "one of the most radical right wing antisemitic homepages on the net"...
and Åke Green
Åke Green
Åke Green , born 3 June 1941, is a Swedish Pentecostal Christian pastor who was prosecuted, but acquitted, under Sweden's law against hate speech because of critical opinions on homosexuality in his sermons. The district court found him guilty and sentenced him to one month in prison. The sentence...
.
United Kingdom
United Kingdom citizens have a negative rightNegative and positive rights
Philosophers and political scientists make a distinction between negative and positive rights . According to this view, positive rights permit or oblige action, whereas negative rights permit or oblige inaction. These permissions or obligations may be of either a legal or moral character...
to freedom of expression under the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
. In 1998, the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
incorporated the European Convention, and the guarantee of freedom of expression it contains in Article 10, into its domestic law under the Human Rights Act
Human Rights Act 1998
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...
. There are many exceptions including threatening, abusive, or insulting speech or behavior likely to cause a breach of the peace
Breach of the peace
Breach of the peace is a legal term used in constitutional law in English-speaking countries, and in a wider public order sense in Britain.-Constitutional law:...
, which has been used to prohibit racist speech targeted at individuals, incitement
Incitement
In English criminal law, incitement was an anticipatory common law offence and was the act of persuading, encouraging, instigating, pressuring, or threatening so as to cause another to commit a crime....
, incitement to racial hatred, incitement to religious hatred, incitement to terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
including encouragement of terrorism and dissemination of terrorist publications, glorifying terrorism, collection or possession of information likely to be of use to a terrorist, treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
including imagining the death of the monarch
Monarchy of the United Kingdom
The monarchy of the United Kingdom is the constitutional monarchy of the United Kingdom and its overseas territories. The present monarch, Queen Elizabeth II, has reigned since 6 February 1952. She and her immediate family undertake various official, ceremonial and representational duties...
, sedition
Sedition
In law, sedition is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order. Sedition often includes subversion of a constitution and incitement of discontent to lawful authority. Sedition may include any...
, obscenity
Obscenity
An obscenity is any statement or act which strongly offends the prevalent morality of the time, is a profanity, or is otherwise taboo, indecent, abhorrent, or disgusting, or is especially inauspicious...
, indecency including corruption of public morals
Public morality
Public morality refers to moral and ethical standards enforced in a society, by law or police work or social pressure, and applied to public life, to the content of the media, and to conduct in public places...
and outraging public decency
Outraging public decency
Outraging public decency is a common law offence in England and Wales. As a common law offence it is punishable by unlimited imprisonment and/or an unlimited fine.-Definition:...
, defamation, prior restraint
Prior restraint
Prior restraint or prior censorship is censorship in which certain material may not be published or communicated, rather than not prohibiting publication but making the publisher answerable for what is made known...
, restrictions on court reporting including names of victims and evidence and prejudicing or interfering with court proceedings, prohibition of post-trial interviews with jurors, scandalizing the court by criticising or murmuring judges, time, manner, and place restrictions, harassment, privileged communications, trade secrets, classified material, copyright, patents, military conduct, and limitations on commercial speech such as advertising.
UK law imposes a number of limitations on freedom of speech not found in some other jurisdictions. For example, its laws recognise the crimes of incitement to racial hatred and incitement to religious hatred
Racial and Religious Hatred Act 2006
The Racial and Religious Hatred Act 2006 is an Act of the Parliament of the United Kingdom which creates an offence in England and Wales of inciting hatred against a person on the grounds of their religion...
. UK laws on defamation are also considered among the strictest in the Western world, imposing a high burden of proof on the defendant. However, the Education (No. 2) Act 1986 guarantees freedom of speech (within institutions of further education and institutions of higher education) as long as it is within the law (see section 43 at http://www.legislation.gov.uk/ukpga/1986/61).
UK defamation law may have recently experienced a considerable liberalising effect as a result of the ruling in Jameel v Wall Street Journal in October 2006. A ruling of the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
- the then highest court of appeal - revived the so-called Reynolds Defence
Reynolds v Times Newspapers
Reynolds v Times Newspapers Ltd is a United Kingdom legal case in the House of Lords concerning qualified privilege for publication of defamatory statements in the public interest....
, in which journalism undertaken in the public interest shall enjoy a complete defence against a libel suit. Conditions for the defence include the right of reply
Right of reply
The right of reply is the right to defend oneself against public criticism in the same venue where it was published.In Europe there have been proposals for a legally enforceable right of reply that applies to all media, including newspapers, magazines, and other print media, along with radio,...
for potential claimants, and that the balance of the piece was fair in view of what the writer knew at the time.
The ruling removed the awkward - and hitherto binding - conditions of being able to describe the publisher as being under a duty to publish the material and the public as having a definite interest in receiving it. The original House of Lords judgment in Reynolds was unclear and held 3-2; whereas Jameel was unanimous and resounding.
Lord Hoffman's words, in particular, for how the judge at first instance had applied Reynolds so narrowly, were very harsh. Hoffman LJ made seven references to Eady J, none of them favorable. He twice described his thinking as unrealistic and compared his language to “the jargon of the old Soviet Union.”
Illegal literature
On 6 December 2007, Samina Malik
Samina Malik
Samina Malik, the self-described Lyrical Terrorist, was the first woman to be convicted under the UK's 2000 Terrorism Act. Malik, then a 23 year-old Heathrow Airport shop clerk from Southall, west London, was found guilty of "possessing records likely to be used for terrorism", but was earlier...
was convicted of possessing literature
Literature
Literature is the art of written works, and is not bound to published sources...
deemed illegal by the Terrorism Act 2000
Terrorism Act 2000
The Terrorism Act 2000 is the first of a number of general Terrorism Acts passed by the Parliament of the United Kingdom. It superseded and repealed the Prevention of Terrorism Act 1989 and the Northern Ireland Act 1996...
. The illegal literature included poems she had written. She received a nine-month suspended jail sentence. This case has been condemned by Hizb ut-Tahrir
Hizb ut-Tahrir
Hizb ut-Tahrir is an international Sunni. pan-Islamic political organisation but keeps it open for all including shias,some of its beliefs are against sunni school of thought, whose goal is for all Muslim countries to unify as an Islamic state or caliphate ruled by Islamic law and with a caliph...
Abdul Patel was found guilty of possessing a document likely to be useful for terrorism (a book on explosives).
Mohammed Siddique was sentenced to eight years of prison for possessing and distributing through his website freely available videos inciting martyrdom.
On 27 February 2008 civil servant Darryn Walker was arrested by officers from Scotland Yard
Scotland Yard
Scotland Yard is a metonym for the headquarters of the Metropolitan Police Service of London, UK. It derives from the location of the original Metropolitan Police headquarters at 4 Whitehall Place, which had a rear entrance on a street called Great Scotland Yard. The Scotland Yard entrance became...
's Obscene Publications Unit for posting a work of fiction allegedly describing the kidnap, mutilation, rape and murder of the girl band 'Girls Aloud
Girls Aloud
Girls Aloud are a British and Irish pop girl group based in London. They were created through the ITV1 talent show Popstars The Rivals in 2002. The group consists of Cheryl Cole , Nadine Coyle, Sarah Harding, Nicola Roberts and Kimberley Walsh. They are signed to Fascination Records, a Polydor...
' on a fantasy pornography website. While the website was hosted outside the UK, Walker's prosecution was possible under UK law as he is a British citizen living in the UK. He was found not guilty on 29 July 2009 as the CPS offered no evidence. The 1959 Obscene Publications Act
Obscene Publications Act 1959
The Obscene Publications Act 1959 is an Act of Parliament of the United Kingdom Parliament that significantly reformed the law related to obscenity. Prior to the passage of the Act, the law on publishing obscene materials was governed by the common law case of R v Hicklin, which had no exceptions...
makes it illegal to publish material that tend to deprave and corrupt those reading or viewing it. In 1960 a prosecution under the Act was brought against Penguin Books
Penguin Books
Penguin Books is a publisher founded in 1935 by Sir Allen Lane and V.K. Krishna Menon. Penguin revolutionised publishing in the 1930s through its high quality, inexpensive paperbacks, sold through Woolworths and other high street stores for sixpence. Penguin's success demonstrated that large...
over the novel 'Lady Chatterley's Lover
Lady Chatterley's Lover
Lady Chatterley's Lover is a novel by D. H. Lawrence, first published in 1928. The first edition was printed privately in Florence, Italy with assistance from Pino Orioli; it could not be published openly in the United Kingdom until 1960...
'. Penguin was found not guilty and within a year the book had sold more than two million copies.
In 2009, Simon Sheppard
Simon Sheppard (activist)
Simon Guy Sheppard is a political activist from Hull, England, who runs a number of websites promoting his far right views; his main website contains many articles denouncing women, the multiracial society and Jews, stating that these have negative effects upon Western society and for white males...
and Stephen Whittle were sentenced to prison time for publishing material that was likely to incite racial and religious hatred. They had tried to escape to the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
but were not granted political asylum and were deported back to the UK.
Video Recordings & Games
The Video Recordings Act 2010
Video Recordings Act 2010
The Video Recordings Act 2010 is an Act of the Parliament of the United Kingdom that received Royal Assent on 21 January 2010. The Act repealed and then brought back into force parts of the Video Recordings Act 1984 which related to the regulation of video recordings...
requires most video recordings and some video games offered for sale in the United Kingdom to display a classification supplied by the BBFC.
There are no set regulations as to what cannot be depicted in order to gain a classification as each scene is considered in the context of the wider intentions of the work; however images that could aid, encourage, or are a result of the committing of a crime, along with sustained and graphic images of torture or sexual abuse are the most likely to be refused. The objectionable material may be cut by the distributor in order to receive a classification, but with some works it may be deemed that no amount of cuts would be able to make the work suitable for classification, effectively banning that title from sale in the country.
Recordings refused a classification by the BBFC may still be shown in cinemas providing the local authority, from which a cinema must have a licence to operate, will permit them.
Norway
Article 100 of the Norwegian ConstitutionConstitution of Norway
The Constitution of Norway was first adopted on May 16, 1814 by the Norwegian Constituent Assembly at Eidsvoll , then signed and dated May 17...
has granted freedom of speech since 1814 and is mostly unchanged since then. Article 142 of the penal code is a law against blasphemy
Blasphemy
Blasphemy is irreverence towards religious or holy persons or things. Some countries have laws to punish blasphemy, while others have laws to give recourse to those who are offended by blasphemy...
, but no one has been charged since 1933, though it was upheld as late as 2004. Article 135a of the penal code is a law against hate speech, which is debated and not widely used.
Article 100 in the Constitution states:
- There shall be freedom of expression.
- No person may be held liable in law for having imparted or received information, ideas or messages unless this can be justified in relation to the grounds for freedom of expression, which are the seeking of truth, the promotion of democracy and the individual’s freedom to form opinions. Such legal liability shall be prescribed by law.
- Everyone shall be free to speak his mind frankly on the administration of the State and on any other subject whatsoever. Clearly defined limitations to this right may only be imposed when particularly weighty considerations so justify in relation to the grounds for freedom of expression.
- Prior censorship and other preventive measures may not be applied unless so required in order to protect children and young persons from the harmful influence of moving pictures. Censorship of letters may only be imposed in institutions.
- Everyone has a right of access to documents of the State and municipal administration and a right to follow the proceedings of the courts and democratically elected bodies. Limitations to this right may be prescribed by law to protect the privacy of the individual or for other weighty reasons.
- It is the responsibility of the authorities of the State to create conditions that facilitate open and enlightened public discourse.
Switzerland
The Swiss Constitution also guarantees Freedom of speech and Freedom of information for every citizen (Article 16). But still the country makes some controversial decisions, which both Human Right Organizations and other states criticizes. The Swiss Animal Right organization "Verein gegen Tierfabriken Schweiz" took the country to the European Court of Human RightsEuropean Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
twice for censoring a TV-Advertisement of the organization, in which the livestock farming of pigs is shown. The organization won both lawsuits, and the Swiss state was convicted to pay compensations. Another very controversial law of Switzerland is that persons who refuse to recognize genocide like the Armenian Massacre of 1915 have to face trial. The Turkish politician Doğu Perinçek
Dogu Perinçek
Doğu Perinçek is a Turkish politician, leader of the Workers' Party , a scientific socialist organization, and former chairman of the Workers' Party . His first name Doğu means "East" in Turkish.-Personal life:...
was fined CHF 12,000 for denying the existence of the Genocide in 2007. Switzerland was criticized by Turkish media and Turkish politicians for acting against the freedom of opinion. Perinçek's application for a revision was rejected by the court.
Turkey
Article 26 of the Constitution of TurkeyConstitution of Turkey
This article relates to a current event. See also the Turkish constitutional referendum, 2010The Constitution of the Republic of Turkey is Turkey's fundamental law. It establishes the organization of the government and sets out the principles and rules of the state's conduct along with its...
guarantees the right to "Freedom of Expression and Dissemination of Thought". Moreover, the Republic of Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
is a signatory of the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
and submits to the judgments of the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
. The constitutional freedom of expression may be limited by provisions in other laws, such as Article 301 of the Turkish Penal Code, which outlaws denigration of the Turkish Nation, while also providing that "expression of thought intended to criticize shall not constitute a crime".
Cuba
Books, newspapers, radio channels, television channels, movies and music are censored. Cuba's is one of the world's worst offenders of free speech according to the Press Freedom IndexPress Freedom Index
The Press Freedom Index is an annual ranking of countries compiled and published by Reporters Without Borders based upon the organization's assessment of their press freedom records. Small countries, such as Andorra, are excluded from this report...
2008. RWB states that Cuba is "the second biggest prison in the world for journalists" after the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
.
Canada
The constitutional provision that guarantees Freedom of expression in CanadaCanada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
is section 2(b)
Section Two of the Canadian Charter of Rights and Freedoms
Section Two of the Canadian Charter of Rights and Freedoms is the section of the Constitution of Canada's Charter of Rights that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or...
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
.
- 2. Everyone has the following fundamental freedoms: ... (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication
Due to section 1
Section One of the Canadian Charter of Rights and Freedoms
Section One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in that document are guaranteed. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an...
of the Charter, the so-called limitation clause, Canada's freedom of expression is not absolute and can be limited under certain situations. Section 1 of the Charter states:
- The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. (emphasis added)
This section is double-edged. First it implies that a limitation on freedom of speech prescribed in law can be permitted if it can be justified as being a reasonable limit in a free and democratic society. Conversely, it implies that a restriction can be invalidated if it cannot be shown to be a reasonable limit in a free and democratic society.
Despite these protections, Canada has had a string of high-profile court cases in which writers have been prosecuted for their writings, in both magazines and web postings.
In February 2006, Calgary Muslim leader Syed Soharwardy filed a human rights complaint against Western Standard publisher Ezra Levant. Levant was compelled to appear before the Alberta Human Rights Commission to discuss his intention in publishing the cartoons. Levant posted a video of the hearing on YouTube. Levant questioned the competence of the Commission to take up the issue, and challenged it to convict him, "and sentences me to the apology", stating that he would then take "this junk into the real courts, where eight hundred years of common law" would come to his aid.
Steyn was eventually acquitted.
In 2007, a complaint was filed with the Ontario Human Rights Commission related to an article "The Future Belongs to Islam,"[41] written by Mark Steyn, published in Maclean's magazine. The complainants alleged that the article and Maclean's refusal to provide space for a rebuttal violated their human rights. The complainants also claimed that the article was one of twenty-two (22) Maclean's articles, many written by Steyn, about Muslims.[42] Further complaints were filed with the Canadian Human Rights Commission and the British Columbia Human Rights Tribunal.
A Montreal neo-Nazi has been given a six-month prison sentence for wilfully promoting hatred toward blacks and Jews on his website.
Calling Jean-Sebastien Presseault's opinions "vile" and "nauseating," Quebec Court Judge Martin Vauclair sent the heavily tattooed man back to jail.
The 24 tattoos, including several Ku Klux Klan and Nazi symbols covering the defendant's torso, figure prominently in Vauclair's decision to give jail time, as opposed to a sentence to be served in the community, as the defence had hoped for.
"The violence he inflicted on his own body to leave almost-indelible marks of his convictions testify as to his unresolved frustrations but also to his deep-seated racist and hateful beliefs," Vauclair said.
In the landmark Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
case R. v. Zundel
R. v. Zundel
R. v. Zundel [1992] 2 S.C.R. 731 is a landmark Supreme Court of Canada decision where the Court struck down the provision in the Criminal Code of Canada that prohibited publication of false information or news on the basis that it violated the freedom of expression provision under section 2 of the...
(1992), the court struck down a provision in the Criminal Code of Canada
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
that prohibited publication of false information or news, stating that it violated section 2(b) of the Charter.
Under section 318 of the Criminal Code of Canada
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
, it is illegal to promote genocide. Under section 319, it is illegal to publicly incite hatred against people based on their colour, race, religion, ethnic origin, and sexual orientation, except where the statements made are true or are made in good faith. The prohibition against inciting hatred based on sexual orientation was added to the section in 2004 with the passage of Bill C-250.
Other laws that protect freedom of speech in Canada, and did so, to a limited extent, before the Charter was enacted in 1982, include the Implied Bill of Rights
Implied Bill of Rights
The Implied Bill of Rights is a judicial theory in Canadian jurisprudence that recognizes that certain basic principles are underlying the Constitution of Canada...
and the Canadian Bill of Rights
Canadian Bill of Rights
The Canadian Bill of Rights is a federal statute and bill of rights enacted by Prime Minister John Diefenbaker's government on August 10, 1960. It provides Canadians with certain quasi-constitutional rights in relation to other federal statutes...
.
United States
In the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
freedom of expression is protected by the First Amendment to the United States Constitution
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
. There are several statutory and common law exceptions including obscenity
Obscenity
An obscenity is any statement or act which strongly offends the prevalent morality of the time, is a profanity, or is otherwise taboo, indecent, abhorrent, or disgusting, or is especially inauspicious...
, defamation, incitement
Incitement
In English criminal law, incitement was an anticipatory common law offence and was the act of persuading, encouraging, instigating, pressuring, or threatening so as to cause another to commit a crime....
, incitement to riot
Riot
A riot is a form of civil disorder characterized often by what is thought of as disorganized groups lashing out in a sudden and intense rash of violence against authority, property or people. While individuals may attempt to lead or control a riot, riots are thought to be typically chaotic and...
or imminent lawless action
Imminent lawless action
"Imminent lawless action" is a standard currently used, and that was established by the United States Supreme Court in Brandenburg v. Ohio , for defining the limits of freedom of speech. Brandenburg clarified what constituted a "clear and present danger", the standard established by Schenck v....
, fighting words
Fighting words
Fighting words are written or spoken words, generally expressed to incite hatred or violence from their target. Specific definitions, freedoms, and limitations of fighting words vary by jurisdiction...
, information decreed to be related to national security
National security
National security is the requirement to maintain the survival of the state through the use of economic, diplomacy, power projection and political power. The concept developed mostly in the United States of America after World War II...
such as classified information
Classified information in the United States
The United States government classification system is currently established under Executive Order 13526, the latest in a long series of executive orders on the topic. Issued by President Barack Obama in 2009, Executive Order 13526 replaced earlier executive orders on the topic and modified the...
, false advertising
False advertising
False advertising or deceptive advertising is the use of false or misleading statements in advertising. As advertising has the potential to persuade people into commercial transactions that they might otherwise avoid, many governments around the world use regulations to control false, deceptive or...
, perjury
Perjury
Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the...
, harassment, privileged communications, trade secrets, copyright, patents, military conduct, and time, place and manner restrictions.
Historically, local communities and governments have sometimes sought to place limits upon speech that was deemed subversive or unpopular. There was a significant struggle for the right to free speech on the campus of the University of California at Berkeley
University of California, Berkeley
The University of California, Berkeley , is a teaching and research university established in 1868 and located in Berkeley, California, USA...
in the 1960s. And, in the period from 1906 to 1916, the Industrial Workers of the World
Industrial Workers of the World
The Industrial Workers of the World is an international union. At its peak in 1923, the organization claimed some 100,000 members in good standing, and could marshal the support of perhaps 300,000 workers. Its membership declined dramatically after a 1924 split brought on by internal conflict...
, a working class union, found it necessary to engage in free speech fights
Free speech fights
Free speech fights are conflicts over the right to speak freely, particularly involving the Industrial Workers of the World efforts in the early twentieth century to organize workers and publicly speak about labor issues...
intended to secure the right of union organizers to speak freely to wage workers. These free speech campaigns were sometimes quite successful, although participants often put themselves at great risk.
Freedom of speech is also sometimes limited to free speech zone
Free speech zone
Free speech zones are areas set aside in public places for political activists to exercise their right of free speech in the United States. The First Amendment to the United States Constitution states that "Congress shall make no law... abridging.....
s, which can take the form of a wire fence enclosure, barricades, or an alternative venue designed to segregate speakers according to the content of their message. There is much controversy surrounding the creation of these areas — the mere existence of such zones is offensive to some people, who maintain that the First Amendment to the United States Constitution
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
makes the entire country an unrestricted free speech zone. Civil libertarians claim that Free Speech Zones are used as a form of censorship
Censorship
thumb|[[Book burning]] following the [[1973 Chilean coup d'état|1973 coup]] that installed the [[Military government of Chile |Pinochet regime]] in Chile...
and public relations
Public relations
Public relations is the actions of a corporation, store, government, individual, etc., in promoting goodwill between itself and the public, the community, employees, customers, etc....
management to conceal the existence of popular opposition from the mass public and elected officials.
Neither the federal nor state governments engage in preliminary censorship of movies. However, the Motion Picture Association of America
Motion Picture Association of America
The Motion Picture Association of America, Inc. , originally the Motion Picture Producers and Distributors of America , was founded in 1922 and is designed to advance the business interests of its members...
has a rating system, and movies not rated by the MPAA cannot expect anything but a very limited release in theatres. Since the organization is private, no recourse to the courts is available. The rules implemented by the MPAA are more restrictive than the ones implemented by most First World countries. However, unlike comparable public or private institutions in other countries, the MPAA does not have the power to limit the retail sale of movies in tape or disc form based on their content, nor does it affect movie distribution in public (i.e., government-funded) libraries. Since 2000, it has become quite common for movie studios to release "unrated" DVD versions of films with MPAA-censored content put back in.
Unlike what has been called a strong international consensus that hate speech
Hate speech
Hate speech is, outside the law, any communication that disparages a person or a group on the basis of some characteristic such as race, color, ethnicity, gender, sexual orientation, nationality, religion, or other characteristic....
needs to be prohibited by law and that such prohibitions override, or are irrelevant to, guarantees of freedom of expression, the United States is perhaps unique among the developed world in that under law hate speech regulation is incompatible with free speech.
South America
Brazil
In BrazilBrazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
, freedom of expression is a Constitutional right. Article Five of the Constitution of Brazil
Constitution of Brazil
During its independent political history, Brazil has had seven constitutions. The most recent was ratified on October 5, 1988.-Imperial Constitution :Background...
establishes that the expression of thought is free, anonymity being forbidden. Furthermore, the expression of intellectual, artistic, scientific, and communications activities is free, independently of censorship or license. However, there are legal provisions criminalizing the desecration of religious artifacts at the time of worship, hate speech, racism, defamation, calumny and libel. Brazilian Law also forbids "unjust and grave threats".
Historically, freedom of speech has been a right in Brazilian Law since the 1824 Constitution was enacted, though it was banned by the Vargas dictatorship
Getúlio Vargas
Getúlio Dornelles Vargas served as President of Brazil, first as dictator, from 1930 to 1945, and in a democratically elected term from 1951 until his suicide in 1954. Vargas led Brazil for 18 years, the most for any President, and second in Brazilian history to Emperor Pedro II...
and severely restricted under the military dictatorship in 1964-85.
See also
- Civil libertarianismCivil libertarianismCivil libertarianism is a strain of political thought that supports civil liberties, or who emphasizes the supremacy of individual rights and personal freedoms over and against any kind of authority...
- Free Speech MovementFree Speech MovementThe Free Speech Movement was a student protest which took place during the 1964–1965 academic year on the campus of the University of California, Berkeley under the informal leadership of students Mario Savio, Brian Turner, Bettina Aptheker, Steve Weissman, Art Goldberg, Jackie Goldberg, and...
- Free speech zoneFree speech zoneFree speech zones are areas set aside in public places for political activists to exercise their right of free speech in the United States. The First Amendment to the United States Constitution states that "Congress shall make no law... abridging.....
- Freedom (political)Freedom (political)Political freedom is a central philosophy in Western history and political thought, and one of the most important features of democratic societies...
- Hate speechHate speechHate speech is, outside the law, any communication that disparages a person or a group on the basis of some characteristic such as race, color, ethnicity, gender, sexual orientation, nationality, religion, or other characteristic....
- Human rightsHuman rightsHuman rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
- International Freedom of Expression ExchangeInternational Freedom of Expression ExchangeThe International Freedom of Expression eXchange , founded in 1992, is a global network of around 90 non-governmental organisations that promotes and defends the right to freedom of expression....
- Media transparencyMedia transparencyMedia transparency is the concept of determining how and why information is conveyed through various means.As used in the humanities,the topic of media transparency implies openness and accountability...
- Linguistic rightsLinguistic rightsLinguistic rights are the human and civil rights concerning the individual and collective right to choose the language or languages for communication in a private or public atmosphere...
- List of linguistic rights in African constitutions
- List of linguistic rights in European constitutions
Further reading
- Milton, John. AreopagiticaAreopagiticaAreopagitica: A speech of Mr. John Milton for the liberty of unlicensed printing to the Parliament of England is a 1644 prose polemical tract by English author John Milton against censorship...
: A speech of Mr John Milton for the liberty of unlicensed printing to the Parliament of England - Hentoff, Nat. Free Speech For Me - But Not For Thee. How the American Left and Right Relentlessly Censor Each Other 1992
External links
- International Freedom of Expression Exchange
- ARTICLE 19, Global Campaign for Free Expression
- Index on Censorship
- International PEN
- Committee to Protect Journalists
- International Federation of Journalists
- OSCE Representative on Freedom of the Media
- Arab Press Freedom Watch
- International Press Institute
- Fundamental Freedoms: The Charter of Rights and Freedoms - Canadian Charter of Rights website with video, audio and the Charter in over 20 languages