An introduction to the right to freedom of expression

It is intrinsically valuable and necessary for the healthy functioning of democracy and civil society. Freedom of expression is necessary for the achievement of other human rights such as fair administration of justice, education, adequate standard of living, equality, human dignity, and the rights of women, peoples, and minorities. Freedom of expression broadly understood encompasses a package of rights that are intimately intertwined, including freedom of opinion, speech, press, information, association, assembly, thought, conscience, belief, and religion. Although the rights can be conceptually organized into the four categories of expression, association, assembly, and thought, each with distinct meaning, actual cases commonly involve more than one of the rights.

An introduction to the right to freedom of expression

Members of Westboro Baptist Church pictured in have been specifically banned from entering Canada for hate speech. In Europe, blasphemy is a limitation to free speech. Limitations to freedom of speech may occur through legal sanction or social disapprobation, or both.

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.

But, as offending someone is less serious than harming someone, the penalties imposed should be higher for causing harm.

Restrictions

There is no longer an argument within the structure of the debate to resolve the competing claims of harm. The original harm principle was never equipped to determine the relative importance of harms.

A number of European countries that take pride in freedom of speech nevertheless outlaw speech that might be interpreted as Holocaust denial.

An introduction to the right to freedom of expression

Ohio[33] expressly overruling Whitney v. Paulin which the Supreme Court ruled that hate speech is permissible, except in the case of imminent violence. The Internet and information society[ edit ] The Free Speech Flag was created during the AACS encryption key controversy as "a symbol to show support for personal freedoms.

The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference. It prohibits any laws that establish a national religion, impede the free exercise of religion, abridge the freedom of speech, infringe upon the freedom of the press, interfere with the right to . Freedom of Expression 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. Before plunging into the details of the proliferating controversies over freedom of expression on the Internet, you need some background information on two topics. The first and more obvious is the Free-Speech Clause of the First Amendment to the United States Constitution.

Inin the landmark cyberlaw case of Reno v. Dalzellone of the three federal judges who in June declared parts of the CDA unconstitutional, in his opinion stated the following: Because it would necessarily affect the Internet itself, the CDA would necessarily An introduction to the right to freedom of expression the speech available for adults on the medium.

This is a constitutionally intolerable result. Some of the dialogue on the Internet surely tests the limits of conventional discourse.

5 Replies to “Freedom Of Speech And Expression”

Speech on the Internet can be unfiltered, unpolished, and unconventional, even emotionally charged, sexually explicit, and vulgar — in a word, "indecent" in many communities. But we should expect such speech to occur in a medium in which citizens from all walks of life have a voice.

We should also protect the autonomy that such a medium confers to ordinary people as well as media magnates. The Government can continue to protect children from pornography on the Internet through vigorous enforcement of existing laws criminalizing obscenity and child pornography.

In my view, our action today should only mean that Government's permissible supervision of Internet contents stops at the traditional line of unprotected speech. The strength of the Internet is chaos. 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. This includes factual data, personal datagenetic information and pure ideas. The commodification of information is taking place through intellectual property law, contract lawas well as broadcasting and telecommunications law.

With the removal of Alex Jones from Facebook and YouTube questions are being raised about freedom of speech rights and how those liberties apply to the internet.

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. Internet censorship and Internet censorship by country The concept of freedom of information has emerged in response to state sponsored censorship, monitoring and surveillance of the internet.

General Introduction - Freedom of Thought Report

Internet censorship includes the control or suppression of the publishing or accessing of information on the Internet. The system blocks content by preventing IP addresses from being routed through and consists of standard firewall and proxy servers at the Internet gateways.

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.

Censorship systems are vigorously implemented by provincial branches of state-owned ISPsbusiness companies, and organizations. Dissent Title page of Index Librorum Prohibitorumor List of Prohibited Books, Venice, Before the invention of the printing press a written work, once created, could only be physically multiplied by highly laborious and error-prone manual copying.

No elaborate system of censorship and control over scribes existed, who until the 14th century were restricted to religious institutions, and their works rarely caused wider controversy. In response to the printing pressand the heresies it allowed to spread, the Roman Catholic Church moved to impose censorship.

The Index Expurgatorius was administered by the Roman Inquisitionbut enforced by local government authorities, and went through editions. As a consequence, governments established controls over printers across Europe, requiring them to have official licenses to trade and produce books.

Areopagiticapublished inwas John Milton 's response to the Parliament of England's re-introduction of government licensing of printers, hence publishers.

In Areopagitica, published without a license, [60] Milton made an impassioned plea for freedom of expression and toleration of falsehood, [59] stating:Introduction. Freedom of expression is a fundamental international human right.

It is intrinsically valuable and necessary for the healthy . The freedom of speech and expression includes freedom of circulation and propagation of ideas and therefore the right extends to the citizen to use the media to answer the criticism leveled against the views propagated by him.

General Introduction.

An introduction to the right to freedom of expression

The IHEU Freedom of Thought Report is a unique annual report and online resource, looking at the rights and treatment of the non-religious in every country in the world.

Specifically, this report looks at how non-religious individuals—whether they call themselves atheists, agnostics, humanists, freethinkers, or are.

The Right to Freedom of Expression: Restrictions on a Foundational Right. Introduction The freedom of expression, universally acknowledged as both a fundamental and foundational. The right to freedom of expression in paragraph 2 is the freedom to communicate opinions, information and ideas without interference, no matter what the content.

Before plunging into the details of the proliferating controversies over freedom of expression on the Internet, you need some background information on two topics.

The first and more obvious is the Free-Speech Clause of the First Amendment to the United States Constitution.

Freedom of speech - Wikipedia