Freedom of speech

"Free speech" redirects here. For the Eddie Harris album, see Free Speech (album). For other uses, see Freedom of speech (disambiguation) and Freedom of expression (disambiguation).

Eleanor Roosevelt and the Universal Declaration of Human Rights (1948)—Article 19 states 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."[1]
Orator at Speakers' Corner in London, 1974
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Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognised as a human right in the Universal Declaration of Human Rights (1948) and international human rights law by the United Nations. Many countries have constitutional law that protects free speech. Terms like free speech, freedom of speech, and freedom of expression are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used.

Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or print, in the form of art, or through any other media of his choice". The version of Article 19 in the ICCPR later amends this by stating that the exercise of these rights carries "special duties and responsibilities" and may "therefore be subject to certain restrictions" when necessary "[f]or respect of the rights or reputation of others" or "[f]or the protection of national security or public order (ordre public), or of public health or morals".[2]

Freedom of speech and expression, therefore, may not be recognized as being absolute, and common limitations or boundaries to freedom of speech relate to libel, slander, obscenity, pornography, sedition, incitement, fighting words, hate speech, classified information, copyright violation, trade secrets, food labeling, non-disclosure agreements, the right to privacy, dignity, the right to be forgotten, public security, blasphemy and perjury. Justifications for such include the harm principle, proposed by John Stuart Mill in On Liberty, which suggests that "the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others".[3]

The idea of the "offense principle" is also used to justify speech limitations, describing the restriction on forms of expression deemed offensive to society, considering factors such as extent, duration, motives of the speaker, and ease with which it could be avoided.[3] With the evolution of the digital age, application of freedom of speech becomes more controversial as new means of communication and restrictions arise, for example, the Golden Shield Project, an initiative by Chinese government's Ministry of Public Security that filters potentially unfavourable data from foreign countries. Facebook routinely and automatically eliminates what it perceives as hate speech, even if such words are used ironically or poetically with no intent to insult others.

The Human Rights Measurement Initiative[4] measures the right to opinion and expression for countries around the world, using a survey of in-country human rights experts.[5]

  1. ^ "Universal Declaration of Human Rights". United Nations. Archived from the original on 2 October 2019. Retrieved 2 October 2020.
  2. ^ "Article 19". International Covenant on Civil and Political Rights. Office of the United Nations High Commissioner for Human Rights; adopted and opened for signature, ratification and accession by UN General Assembly resolution 2200A (XXI) of 16 December 1966, entry into force 23 March 1976. Archived from the original on 5 July 2008. Retrieved 13 March 2014.
  3. ^ a b van Mill, David (1 January 2016). "Freedom of Speech". In Zalta, Edward N. (ed.). The Stanford Encyclopedia of Philosophy (Fall 2016 ed.). Archived from the original on 18 March 2019. Retrieved 12 October 2016.
  4. ^ "Human Rights Measurement Initiative – The first global initiative to track the human rights performance of countries". humanrightsmeasurement.org. Retrieved 9 March 2022.
  5. ^ "Right to opinion and expression - HRMI Rights Tracker". rightstracker.org. Retrieved 9 March 2022.