Freedom of speech is the freedom to speak without
censorship and\or
limitation. The synonymous term
freedom
of expression is sometimes used to indicate not only
freedom of verbal speech but any act of seeking, receiving and
imparting information or ideas, regardless of the medium used. In
practice, the right to freedom of speech is not absolute in any
country and the right is commonly subject to limitations, such as
on "
hate speech".
The right to freedom of speech is recognized as a
human right under Article 19 of the
Universal Declaration of
Human Rights and recognized in
international human rights
law in the
International
Covenant on Civil and Political Rights (ICCPR). The ICCPR
recognizes the right to freedom of speech as "the right to hold
opinions without interference. Everyone shall have the right to
freedom of expression". Furthermore freedom of speech is recognized
in European, inter-American and African regional human rights
law.
It is different from and not to be confused with the concept of
freedom of thought.
The right to freedom of speech and expression
Freedom of speech, or the freedom of expression, is recognized in
international and regional
human rights
law. The right is enshrined in Article 19 of the
International
Covenant on Civil and Political Rights, Article 10 of the
European Convention
on Human Rights, Article 13 of the
American Convention on Human
Rights and Article 9 of the
African Charter on
Human and Peoples' Rights.
The freedom of speech can be found in early human rights documents,
such as
Declaration
of the Rights of Man and of the Citizen (1789), a key document
of the
French Revolution. The
Declaration provides for freedom of expression in Article 11, which
states that:
"The free communication of ideas and opinions is one of
the most precious of the rights of man. Every citizen may,
accordingly, speak, write, and print with freedom, but shall be
responsible for such abuses of this freedom as shall be defined by
law."
Based on
John Stuart Mill's
arguments, freedom of speech today is understood as a multi-faceted
right that includes not only the right to express, or disseminate,
information and ideas, but three further distinct aspects:
- the right to seek information and ideas;
- the right to receive information and ideas;
- the right to impart information and ideas.
International, regional and national standards also recognize that
freedom of speech, as the freedom of expression, includes any
medium, be it orally, in written, in print, through the
Internet or through art forms. This means that the
protection of freedom of speech as a right includes not only the
content, but also the means of expression.
Relationship to other rights
The right to freedom of speech is closely related to other rights,
and may be limited when conflicting with other rights (see
Limitations on freedom of speech). The right to freedom of speech
is particularly important for
media,
which plays a special role as the bearer of the general right to
freedom of expression for all (see
freedom of the press). The right to
freedom of expression is also related to the
right to a fair trial and court
proceeding which may limit access to the search for information or
determine the opportunity and means in which freedom of expression
is manifested within court proceedings. As a general principle
freedom of expression may not limit the right to privacy, as well
as the honor and reputation of others. However greater latitude is
given when criticism of public figures is involved.
Origins and academic freedom
Freedom of speech and expression has a long history that predates
modern
international human
rights instruments.
Ancient Athenians
believed that the power of persuasion is the most
enduring force in a culture, one that must not and can not be
stifled. It is thought that ancient Athens’ democratic
ideology of free speech emerged in the later 6th or early 7th
Century BC. In
Islamic ethics freedom
of speech was first declared in the
Rashidun period by the
caliph
Umar in the
7th
century. In the
Abbasid
Caliphate period, freedom of speech was also declared by
al-Hashimi (a cousin of Caliph
al-Ma'mun)
in a letter to one of the religious opponents he was attempting to
convert through
reason. According to George Makdisi and Hugh Goddard,
"the idea of
academic freedom" in
universities was "modelled on Islamic
custom" as practiced in the medieval
Madrasah system from the 9th century. Islamic
influence was "certainly discernible in the foundation of the first
deliberately-planned university" in Europe, the
University of Naples Federico
II founded by
Frederick II, Holy Roman
Emperor in 1224.
Freedom of speech and truth
One of the earliest Western defences of freedom of expression is
Areopagitica (1644) by English
poet and political writer
John Milton.
Milton wrote in reaction to an attempt by the English republican
parliament to prevent "seditious, unreliable, unreasonable and
unlicensed pamphlets". Milton advanced a number of arguments in
defence of freedom of speech: a nation's unity is created through
blending individual differences rather than imposing homogeneity
from above; that the ability to explore the fullest range of ideas
on a given issue was essential to any learning process and truth
cannot be arrived upon unless all points of view are first
considered; and that by considering free thought, censorship acts
to the detriment of material progress.
Milton also argued that if the facts are laid bare, truth will
defeat falsehood in open competition, but this cannot be left for a
single individual to determine. According to Milton, it is up to
each individual to uncover their own truth; no one is wise enough
to act as a censor for all individuals.
Noam Chomsky states that: "If you
believe in freedom of speech, you believe in freedom of speech for
views you don't like.
Stalin and
Hitler, for example, were dictators in
favor of freedom of speech for views they liked only. If you're in
favor of freedom of speech, that means you're in favor of freedom
of speech precisely for views you despise."
English biographer
Evelyn Beatrice
Hall's quote: "I disapprove of what you say, but I will defend
to the death your right to say it," is often cited to describe the
principle of freedom of speech (often misattributed to
Voltaire) as an illustration of Voltaire's beliefs
in Beatrice Hall's biography on him.
Freedom of speech and tolerance
Professor
Lee Bollinger argues that
"the free speech principle involves a special act of carving out
one area of social interaction for extraordinary self-restraint,
the purpose of which is to develop and demonstrate a social
capacity to control feelings evoked by a host of social
encounters." Bollinger argues that
tolerance is a desirable value, if not essential.
However, critics argue that society should be concerned by those
who directly deny or advocate, for example,
genocide (see
Limitations on freedom of
speech).
Democracy
The notion of freedom of expression is intimately linked to
political debate and the concept of
democracy. The norms on limiting freedom of
expression mean that public debate may not be completely suppressed
even in times of emergency. One of the most notable proponents of
the link between freedom of speech and
democracy is
Alexander Meiklejohn. He argues that
the concept of democracy is that of self-government by the people.
For such a system to work an informed electorate is necessary. In
order to be appropriately knowledgeable, there must be no
constraints on the free flow of information and ideas. According to
Meiklejohn, democracy will not be true to its essential ideal if
those in power are able to manipulate the electorate by withholding
information and stifling criticism. Meiklejohn acknowledges that
the desire to manipulate opinion can stem from the motive of
seeking to benefit society. However, he argues, choosing
manipulation negates, in its means, the democratic ideal.
Eric Barendt has called the defence of free
speech on the grounds of democracy "probably the most attractive
and certainly the most fashionable free speech theory in modern
Western democracies".
Thomas I. Emerson expanded on this defence when he argued that
freedom of speech helps to provide a balance between
stability and
change.
Freedom of speech acts as a "safety valve" to let off steam when
people might otherwise be bent on
revolution. He argues that "The principle of open
discussion is a method of achieving a moral adaptable and at the
same time more stable community, of maintaining the precarious
balance between healthy cleavage and necessary consensus." Emerson
furthermore maintains that "Opposition serves a vital social
function in offsetting or ameliorating (the) normal process of
bureaucratic decay."
Research undertaken by the
Worldwide Governance
Indicators project at the
World Bank,
indicates that freedom of speech, and the process of accountability
that follows it, have a significant impact in the quality of
governance of a country. "Voice and
Accountability" within a country, defined as "the extent to which a
country's
citizens are able to participate
in selecting their
government, as well as
freedom of expression,
freedom of
association, and
free
media" is one of the six dimensions of governance that the
Worldwide Governance Indicators measure for more than 200
countries.
Social interaction and community
Richard Moon has developed the argument that the value of freedom
of speech and freedom of expression lies with social interactions.
Moon writes that "by communicating an individual forms
relationships and associations with others - family, friends,
co-workers, church congregation, and countrymen. By entering into
discussion with others an individual participates in the
development of knowledge and in the direction of the
community."
Limitations on freedom of speech
- For specific country examples see Freedom of speech by country,
and Criminal speech.
According to the Freedom Forum Organization, legal systems, and
society at large, recognize limits on the freedom of speech,
particularly when freedom of speech conflicts with other values or
rights. Limitations to freedom of speech may follow the "harm
principle" or the "offense principle", for example in the case of
pornography or "
hate speech". Limitations to freedom of speech
may occur through legal sanction and/or social disapprobation.
200
In "
On Liberty" (1859)
John Stuart Mill argued that "...there
ought to exist the fullest liberty of professing and discussing, as
a matter of ethical conviction, any doctrine, however immoral it
may be considered." Mill argues that the fullest liberty of
expression is required to push arguments to their logical limits,
rather than the limits of social embarrassment. However, Mill also
introduced what is known as the harm principle, in placing the
following limitation on free expression: "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.
In 1985
Joel Feinberg introduced what
is known as the "offence principle", arguing that Mill's harm
principle does not provide sufficient protection against the
wrongful behaviours of others. Feinberg wrote "It is always a good
reason in support of a proposed criminal prohibition that it would
probably be an effective way of preventing serious offense (as
opposed to injury or harm) to persons other than the actor, and
that it is probably a necessary means to that end." Hence Feinberg
argues that the harm principle sets the bar too high and that some
forms of expression can be legitimately prohibited by law because
they are very offensive. But, as offending someone is less serious
than harming someone, the penalties imposed should be higher for
causing harm. In contrast Mill does not support legal penalties
unless they are based on the harm principle. Because the degree to
which people may take offense varies, or may be the result of
unjustified prejudice, Feinberg suggests that a number of factors
need to be taken into account when applying the offense principle,
including: the extent, duration and social value of the speech, the
ease with which it can be avoided, the motives of the speaker, the
number of people offended, the intensity of the offense, and the
general interest of the community at large.
The Internet and Information Society
Jo Glanville, editor of the
Index on
Censorship, states that "the Internet has been a revolution for
censorship as much as for free speech".
International, national and regional standards recognise that
freedom of speech, as one form of freedom of expression, applies to
any medium, including the
Internet. The
World Summit on
the Information Society (WSIS) Declaration of Principles
adopted in 2003 makes specific reference to the importance of the
right to freedom of expression for the "
Information Society" in stating:
"We reaffirm, as an essential foundation of the
Information Society, and as
outlined in Article 19 of the Universal Declaration of
Human Rights, that everyone has the right to freedom of opinion
and expression; that 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.
Communication is a fundamental social process, a basic human need
and the foundation of all social organisation. It is central to the
Information Society. Everyone,
everywhere should have the opportunity to participate and no one
should be excluded from the benefits of the Information Society
offers."
Freedom of information
Freedom of information is an extension of freedom of speech where
the medium of expression is the
Internet.
Freedom of information may also refer to the
right to privacy in the context of the
Internet and
information technology. As with the
right to freedom of expression, the
right to privacy is a recognised
human right and freedom of information acts as
an extension to this right. Freedom of information may also concern
censorship in an information technology
context, i.e. the ability to access
Web
content, without
censorship or
restrictions.
Freedom of information is also explicitly protected by acts such as
the Freedom of Information and Protection of Privacy Act of
Ontario, in Canada.
Internet censorship
The concept of
freedom of
information has emerged in response to state sponsored
censorship, monitoring and surveillance of the internet. Internet
censorship includes the control or suppression of the publishing or
accessing of information on the
Internet.
The
Global Internet
Freedom Consortium advocate for freedom of information for what
they term "closed societies".
According to the Reporters without Borders (RSF)
"internet enemy list" the following states engage in pervasive
internet censorship: Belarus
, China
, Cuba
, Egypt
, Iran
, Myanmar
/Burma
, North Korea
, Syria
, Tunisia
, Turkmenistan
, Uzbekistan
and Vietnam
.
A widely publicised example of internet censorship is the "
Great Firewall of China" (in
reference both to its role as a
network firewall and to the ancient
Great Wall of China). The system
blocks content by preventing
IP addresses
from being routed through and consists of standard firewall and
proxy servers at the
Internet gateway. The system also
selectively engages in
DNS poisoning
when particular sites are requested. The government does not appear
to be systematically examining Internet content, as this appears to
be technically impractical.
Internet
censorship in the People's Republic of China is conducted under
a wide variety of laws and administrative regulations.
In accordance with
these laws, more than sixty Internet regulations have been made by
the People's
Republic of China
(PRC) government, and censorship systems are
vigorously implemented by provincial branches of state-owned
ISP, business companies,
and organizations.
See also
References
- International Covenant on Civil and Political
Rights
- Using Courts to Enforce the Free Speech Provisions
of the International Covenant on Civil and Political Rights |
Australia & Oceania > Australia & New Zealand from All
Business...
- Andrew Puddephatt, Freedom of Expression, The essentials of
Human Rights, Hodder Arnold, 2005, pg.128
- http://www.guardian.co.uk/media/2006/feb/05/religion.news
- http://www.hrcr.org/docs/frenchdec.html
- Andrew Puddephatt, Freedom of Expression, The essentials of
Human Rights, Hodder Arnold, 2005, pg.127
- Manufacturing
Consent: Noam Chomsky and the Media, 1992
-
http://www.brainyquote.com/quotes/authors/e/evelyn_beatrice_hall.html
- Lee Bollinger, The Tolerant Society, Oxford University Press,
Oxford, 1988
-
http://info.worldbank.org/governance/wgi2007/pdf/booklet_decade_of_measuring_governance.pdf
A Decade of Measuring the Quality of Governance
- When May Speech Be Limited?
- Freedom of Speech (Stanford Encyclopedia of
Philosophy)
- Freedom of Speech
- Church members enter Canada, aiming to picket bus
victim's funeral
- Philosophy of Law
- Protecting Free Expression Online with Freenet -
Internet Computing, IEEE
- Pauli, Darren (January 14, 2008). Industry rejects Australian gov't sanitized
Internet measure. The Industry Standard.
- Deibert, Robert; Palfrey, John G.; Rohozinski, Rafal; Zittrain,
Jonathan (2008). Access denied: the practice and policy of
global Internet filtering. MIT Press.
- Internet enemies. Reporters without Borders.
- Chinese Laws and Regulations Regarding
Internet
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