Freedom of speech and expression
The United Nations Universal Declaration of Human Rights, 1 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 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.
1. The United Nations Universal Declaration of Human Rights, adopted in 1948, provides, in Article 19,
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. South Africa 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, 2
2. South African Bill of Rights, chapters 2 of the Constitution. Section 16 makes the following provisions: 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.
Freedom of speech in the United States is protected by the First Amendment to the United States Constitution and by many state constitutions and state and federal laws, with the exception of obscenity, defamation, incitement to riot, and fighting words, as well as harassment, privileged communications, trade secrets, classified material, copyright, patents, military conduct, commercial speech such as advertising, and time, place and manner restrictions.3 Criticism of the government and advocacy of unpopular ideas that people may find distasteful or against public policy, such as racism, sexism, and other hate speech are almost always permitted. There are exceptions to these general protections, including the Miller test for obscenity, child pornography laws, speech that incites imminent lawless action, and regulation of commercial speech such as advertising.
...Amendment I of the United States Constitution states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances" ("Bill"). Many Americans believe that online content should be regulated. However, internet censorship violates our rights tofreedom of expression, association, speech, and press. The U.S. Constitution protects those rights, and as Americans we should make sure to hold on to them at any cost. Government regulation of the Internet would threaten its very existence. In addition, if an attempt to censor the Internet was made, the system would be so problematic and error-prone that it would most likely fail.
On February 1, 1996 the U.S. Congress enacted the Communications Decency Act. This act created criminal penalties for the "knowing" transmission over the Internet of material considered "indecent to minors." These provisions also made it a crime to make any computer network transmission with the intent to "annoy" or "harass" the recipient, and extended a criminal ban on discussing abortion devices and procedures to computer network communications ("Overview"). This was, in essence, a bill designed to censor the Internet. In response, several organizations were...
...FREEDOM OF SPEECH AND EXPRESSION
Speech is God's gift to mankind. Through speech a human being conveys his thoughts, sentiments and feeling to others. Freedom of speech and expression is thus a natural right, which a human being acquires on birth. It is, therefore, a basic right. "Everyone has the right to freedom of opinion andexpression; the right includes freedom to hold opinions without interference and to seek and receive and impart information and ideas through any media and regardless of frontiers" proclaims the Universal Declaration Of Human Rights (1948). The people of India declared in the Preamble of the Constitution, which they gave unto themselves their resolve to secure to all the citizens liberty of thought and expression. This resolve is reflected in Article 19(1)(a) which is one of the Articles found in Part III of the Constitution, which enumerates the Fundamental Rights.
Man as rational being desires to do many things, but in a civil society his desires have to be controlled, regulated and reconciled with the exercise of similar desires by other individuals. The guarantee of each of the above right is, therefore, restricted by the Constitution in the larger interest of the community. The right to freedom of speech and...
...Jomy T. J, 2nd year MABJ
1. Identify the articles in the constitution of India which are related to the freedom of the press?
Expression through speech is one of the basic guarantees provided by civil society. Freedom of speech enjoys special position as far India is concerned. The importance of freedom of expression and speech can be easily understand by the fact that preamble of constitution itself ensures to all citizens inter alia, liberty of thought, expression, belief, faith and worship. The constitutional significance of the freedom of speech consists in the Preamble of Constitution and is transformed as fundamental and human right in Article 19(1) (a) as “freedom of speech and expression”. Explaining the scope of freedom of speech and expression Supreme Court has said that the words "freedom of speech and expression" must be broadly constructed to include the freedom to circulate one's views by words of mouth or in writing or through audiovisual instrumentalities. Freedom of Speech and expression means the right to express one's own convictions and opinions freely by words of mouth, writing, printing, pictures or any other mode. It...
...Freedom of Speech and expression means the right to express one's own convictions and opinions freely by words of mouth, writing, printing, pictures or any other mode. The freedom of speech is regarded as the first condition of liberty. Accepted that the right to freedom of speech is the essence of free society and it must be safeguarded at all time. Liberty to express opinions and ideas without hindrance, and especially without fear of punishment plays significant role in the development of that particular society and ultimately for that state. The freedom of expression includes all forms of art including cartoon, media-print and electronic etc.. The freedom of speech and expression do not confer an absolute right to express one's thoughts freely. Clause (2) of Article 19 of the Indian Constitution enables the legislature to impose certain restrictions on free speech such as security of the State, friendly relations with foreign States, public order, decency and morality, contempt of court, defamation, incitement to an offence, and sovereignty and integrity of India. Freedom of speech and expression are guaranteed not only by the constitution or statutes of various states but also by various international conventions like Universal Declaration of...
...Freedom of Speech and Expression and Journalism
Problems faced in the industry, and the solutions and guidelines to the problem.
A report done by Ooi K.L Universiti Tunku Abdul Rahman
*Note: This is an undergraduate individual assignment report. It might not be the best report, yet it is still referable for other undergraduates who are doing the same subject area. ** This assignment was done for the subject UAMG 3063 - Communication Law in the third year of Degree in Public Relations under the Faculty of Arts and Social Sciences at Universiti Tunku Abdul Rahman
Freedom of Speech and Expression and Journalism Journalism is a difficult profession in Malaysia and they face impediments peculiar to the society (Radhakrishnan 2010). Radhakrishnan says in his report that journalish has an honorable objective which is the circulation and dissemination of information including news, comment and opinion as well as entertainment. He also states that journalists should be borne in mind that in order to enjoy to status of a profession, the practitioners are expected at all times to conduct themselves in an ethical manner upholding the best tradition of the profession The role of journalism in a democratic society needs special mention. It is a necessary and essential prerequisite for democracy to survive. It acts as the fourth estate and it is also the essential watchdog over the conduct of the...
Freedom Of Speech?
Living in America means that we as citizens of the country have many rights according to the laws stated in the United States Constitution, which stands for our principles and make up the rights that American's deserve. One major freedom we have is stated in The First Amendment: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." This amendment shows that our government should not be allowed to put limitations on the people's right to express themselves through free speech and religion. We as citizens have the right to voice our opinions as long as we do not cause harm while doing so. This is a reason why many people from around the world choose to come to America, for their right to freedom. The first amendment should apply to everyone who lives in the United States, but in some cases it does not.
In a recent case, a teenage boy's right to exercise his freedom of speech was challenged by his high school. He wore an "anti-gay" t-shirt to school on the day of, and also on the day after, the Gay-Straight Alliance group organized a "day of silence". The boy, Tyler Chase...
...saying that freedom of speech is the first step of reaching to a free society . Despite the fact that people need to reveal their personal thoughts about politics and criticize it in any facet, many governments are against this right . In this essay I will outline the arguments for and against necessity of freedomspeech for a free society. As far as I concerned, with the enormous pace of development of technology in our modern-age and mass producing of TV, Radio and accessibility of most of the people to internet, people are aware of their rights and they have the knowledge that by criticizing and showing their disapproval they can obtain their needs. To give more details, I should mention that people have learnt from the history that by having the right to say their ideas and have the security after that, the society will be better place to live.
Added to that many politician are against the idea that people and media should be free to show their thoughts . They also create rules for banning the media and set some red lines for censorships . Additionally governments are afraid of being accused by media in any way . It is an undeniable fact that so many of politician want to hide their dark sides, so they prefer limit the people’s freedoms. I am strongly of the opinion that people and media should have the right to state their thoughts and criticize everyone in the government or even a...
...Freedom of Speech
The First Amendment for America was built on freedom. The freedom to speak, freedom to choose, freedom to worship, and freedom to do just about anything you want within the law. The first amendment was designed to protect each race. Out of all of our rights, freedom ofspeech is should be the most cherished, and one of the most talked about subjects. Freedom of speech should be utilized, because so many people fought for the right to have freedom and the freedom to speak. Freedom to vote in every major election. Freedom to travel to any state of your choice. Freedom of speech has allowed Americans to speak out against what is wrong with the country and in the world and it has allowed people to express themselves in their own way(rights and liberties 2003 pg 17) Having the freedom to speak is a positive thing. If you use the freedom of speech in the correct way nothing can stand in your way of becoming the best person you can be and have great success.
Freedom of speech is a brave epidemic that has had a great deal of importance on Americans, and the way they live...