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- 2022/2/28
- About Human Rights
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Article 19 of the Universal Declaration of Human Rights states that all people have the right to freedom of opinion and expression.
This protects our right to hold our own opinions without interference and to seek, receive, and impart information and ideas through any media, regardless of frontiers.
Freedom of speech is a vital part of enforcing our human rights.
This article will introduce the meaning and history of freedom of speech.
Summary on Freedom of Speech
The following declarations and agreements describe what freedom of speech is.
- Declaration of the Rights of Man and of the Citizen
- Universal Declaration of Human Rights
- Convention for the Protection of Human Rights and Fundamental Freedoms
Description in the Declaration of the Rights of Man and of the Citizen
Article 11 of the Declaration of the Rights of Man and of the Citizen describe freedom of speech as stated below :
“The free communication of ideas and of opinions is one of the most precious rights of man. Any citizen may therefore speak, write and publish freely, but shall be responsible for such abuses of this freedom as shall be defined by law.”
Reference : “Declaration of Human and – Conseil constitutionnel”
The right to freedom of speech is written in the Declaration of the Rights of Man and of the Citizen, and is a human right that must be valued.
However, it states that those who abuse this freedom must take responsibility.
There is also no mention of the right to access information in the Declaration of the Rights of Man and of the Citizen.
The Declaration of the Rights of Man and of the Citizen clearly describes freedom of speech, but does not mention the right to disclose information.
Description in the Universal Declaration of Human Rights
Article 19 of the Universal Declaration of Human Rights (UDHR) describes freedom of speech as stated below :
“Everyone has the right to freedom of opinion and expression. This protects our right to hold our own opinions without interference and to seek, receive, and impart information and ideas through any media, regardless of frontiers.”
Reference : “Universal Declaration of Human Rights – the United Nations”
The Universal Declaration of Human Rights describes freedom of speech as one of the most basic human rights.
It isn’t simply the freedom of speech; it also describes the intention of freedom of knowledge as a result of free speech.
The UDHR not only defines freedom of speech through those who impart information, but also through those who receive and interpret it.
Description in the Convention for the Protection of Human Rights and Fundamental Freedoms
The Convention for the Protection of Human Rights and Fundamental Freedoms describes freedom of speech as stated below :
“Everyone has the right to freedom of expression. The 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.”
Reference : “Universal Declaration of Human Rights – the United Nations”
The Convention for the Protection of Human Rights and Fundamental Freedoms has a specific definition for freedom of speech.
It also describes freedom of speech without interference from the state.
The Convention for the Protection of Human Rights and Fundamental Freedoms portrays Europe as one body, though it is made up of many countries.
What Exactly is Freedom of Speech?
Freedom of speech gives individuals and communities the right to clearly express their opinions and ideas.
Freedom of speech is also defined by the United Nations.
It is also written in the constitution and laws of various countries.
However, freedom of speech does not necessarily permit any form of expression; slander and copyright infringement are normally excluded in freedom of speech.
Maintaining balance between freedom of speech and privacy is becoming an important discussion topic in recent times.
Everyone has the right to privacy.
However, freedom of speech makes protecting the right to privacy rather challenging.
To protect the right to privacy, restrictions are occasionally placed on freedom of speech.
Reference : “Universal Declaration of Human Rights – the United Nations”
Freedom of Speech’s History
- 6 B.C. : Democracy is created in Athens
- 1689: Freedom of speech is defined in the English Bill of Rights
- 1766: Freedom of the press is introduced in Sweden
- 1789: Freedom of speech is defined in the Declaration of Rights of the Man and of the Citizen
- 1791: Freedom of speech is defined in Article 1 of the United States Bill of Rights
- 1948: Freedom of speech is defined in the Universal Declaration of Human Rights
- 1950: Freedom of speech is defined in the Convention for the Protection of Human Rights and Fundamental Freedoms
- 1966: Civil and political freedom of speech is defined in the International Bill of Rights
- 1969: Freedom of speech is defined in the United States Convention on Human Rights
- 1981: Freedom of speech is defined in the African Charter on Human and Peoples’ Rights which recognizes human rights
Freedom of Speech’s Influence
Freedom of speech has influenced society in the following three areas:
- Realization of a Democratic Society
- Violations of the Right to Privacy
- Evoke Discussions on Restrictions of Freedom of Speech
Realization of a Democratic Society
Freedom of speech has had a large impact on democracy.
The United Nations defines democracy and freedom of speech as written below :
“Democracy provides an environment that respects human rights and fundamental freedoms, in which the freely expressed will of people is exercised.”
Reference : “Democracy – the United Nations”
Freedom of speech has allowed people to participate in government.
Guaranteeing the right to access information that governments hold is also crucial.
Freedom of speech and right to access information demands governments be transparent and be held accountable for their actions, resulting in a strong democratic society.
We can see how vital the influence freedom of speech has had on democracy.
It can also be said that democracy was able to come so far because of freedom of speech.
Violations of the Right to Privacy
Freedom of speech and the right to access information are recognized in the Universal Declaration of Human Rights.
Many countries have included freedom of speech and the right to access information in their constitution.
However, freedom of speech and the right to access information are contradictory to the right to privacy.
There are opposing viewpoints when it comes to the contradiction of the right to privacy, and freedom of speech.
The United Nations investigates issues such as the spreading of misinformation through freedom of speech.
The spreading of misinformation is a serious issue regarding freedom of speech.
Irene Khan of the United Nations made the following statement:
it is easy – but dangerous – to lose sight of the value that digital technology offers to democracy, sustainable development and human rights, or the vital importance of the right to freedom of opinion and expression in that equation
Reference : “Report on disinformation – the United Nations”
She stated her opinion on the dangers that digital technology has on our right to privacy and freedom of speech.
Evoke Discussions on Restrictions of Freedom of Speech
Many discussions are provoked when restrictions are placed on freedom of speech.
There have been incidents of people losing their freedom of speech in Hong Kong recently.
However the citizens of Hong Kong fought back in opposition.
Reference : “Arrests under Security Law, a serious concern – the United Nations”
Freedom of Speech Q&A
Will Freedom of Speech Be Restricted?
Freedom of speech cannot be restricted.
This is stated in the Universal Declaration of Human Rights.
However, it can be interpreted to allow restrictions for specific situations.
What Are the Requirements to Place Restrictions on Freedom of Speech?
The following are examples of requirements to place restrictions on freedom of speech:
- Character Defamation
- Slander
- Pornography
- Indecent Expression
- Copyright Infringement
The basis of freedom of speech is different in each country and region.
The social climate will determine the restrictions placed on freedom of speech.
There are also some countries that seem to be placing restrictions on freedom of speech.
Are There Universal Issues Regarding Freedom of Speech?
The United Nations reported that freedom of speech is rejected in South Sudan.
Conflict in South Sudan continues to this day.
Many people are being denied their right to freedom of speech because of the conflict.
Zeid Ra’ad Al Hussein, the United Nations High Commissioner for Human Rights, made the following statement:
Rights are not luxuries but are essential to bring about peace and development
Reference : “New UN report cites violations of rights to freedom of opinion and expression in South Sudan – the United Nations”
Freedom of Speech
Freedom of speech is one of the most basic human rights that we are all entitled to.
Freedom of speech also had great influence on the advancement of democracy.
It is crucial that we understand freedom of speech so we can learn about the world, and exercise our rights.