Freedom of Speech?
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February 25, 2023
A Man Needs
February 26, 2023Freedom of What?
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,
Speaking ahead of Human Rights Day on 10 December, the Secretary General of the Council of Europe, Thorbjørn Jagland, has warned that hate speech and free speech should not be confused.
“We look back at what has been achieved and we think of the many people who have endured hardship and given their lives in the struggle for human rights – we should never take these rights and freedoms for granted, and we should never abuse them.
“Hate speech is an abuse of freedom of expression.
“We are free to express ourselves, even to the extent that our opinion may offend, shock or disturb others. But not everything is acceptable as free speech.The moment people start publicly inciting to violence, hostility or discrimination against a group of persons, then this is hate speech not free speech.
“From shouting at someone in the street to posting offensive comments online – hate speech can take many forms.
“Respecting human dignity is especially challenging in cyberspace where borders and borderlines are less apparent. We must draw the line when hate begins.
Does freedom of speech mean you can say anything?
The short answer is no. The longer answer is that the specific law will depend on the country you’re in, but generally, there will always be exceptions to the rule. For example, in the UK’s article 10, the law states that public authorities can restrict the right to free speech if:
- They are worried about national security or public safety
- They want to prevent disorder or crime
- They feel it will protect health or morals
- They want to protect the rights and reputations of others
- They are protecting confidential information
- They need to maintain the authority and impartiality of judges.
What free speech means around the world
As we previously explained, freedom of speech is a universal human right, but different countries interpret it differently in their laws. We can get an idea about different attitudes to free speech by looking at the citizens of different countries, in studies such as the one done by Pew Research Centre in 201.
In this study, the researchers surveyed respondents from 38 different countries about their attitudes towards freedom of expression. While the U.S. unsurprisingly came out as the most supportive of free speech, other countries with a high level of support included Mexico, Venezuela, Canada and Australia.
Some examples of countries with low levels of support for freedom of expression included Senegal, Burkina Faso, Jordan, Pakistan, and Ukraine. This research demonstrates that the principle of free speech is not a ‘one size fits all’ concept, and depends a lot on the constitution and culture of the country in question.
Why is freedom of speech important?
There are so many reasons why freedom of speech is important. Of course, the biggest reason is that freedom is paramount in a democracy.
If we cannot speak freely, it often means that our liberties are being restricted in some way. However, it’s a little more complicated than that, so we took a look at our open step about freedom of expression by Humanists UK.
One thing that’s highlighted in our open step is that all humans make mistakes, and somehow we learn to correct them. The way that we enrich or change our beliefs and opinions is through listening to contradictory arguments.
Critical discussion is a fundamental part of the human learning experience, and critical discussions would not exist without people being able to express opposing beliefs.
In this way, disagreements can be extremely productive. Also, Humanists UK point out that causing offence is not always a bad thing.
Many ideas from history caused offence at the time, but now they are considered important and revolutionary – take Mary Wollstonecraft and Charles Darwin, for example.
In addition, even if false arguments and bad attitudes are pushed down, they don’t necessarily go away. Instead, they can evolve into something more sinister, as people may only seek out those with a similar opinion to themselves.
This kind of behaviour creates an echo chamber, where you only hear opinions that support your own, and there is no critical discourse.
Alternatively, free expression allows for ideas to be challenged, changed, and also better understood.
Does freedom of speech apply to digital platforms?
A lot of the time, we hear about controversial opinions and statements that people have made via the internet. This is why it’s important to evaluate the role of digital platforms and social media in the debate on freedom of speech.
In our open step on freedom of speech and the internet, experts from the University of Bristol discuss how the internet has been blamed by some for enabling terrorism and extremism.
This is because they are accused of providing a platform for people to promote their damaging views, and even plan attacks.
In this way, digital platforms very much have a part to play in the free speech debate, as ultimately they must try to ensure that dangerous activity is not taking place on their platforms.
However, as Pier Luigi Parcu explains in our open step on fake news, digital platforms don’t like to assume editorial responsibility for the dangerous content that exists on their sites.
It is pretty widely accepted that free speech is an essential part of a democratic society, and should be upheld to some degree. But the real question lies in how far we take it. While some people believe that freedom of speech should be upheld at all costs, others believe that it can be an excuse for saying harmful things without reprimand.
In order to clarify the arguments surrounding free speech, we’ve written this article about where it originates from, how it differs around the world, how it benefits society, and what some of its limitations are. This is by no means a formal guide to the laws surrounding free speech, but rather an exploration of different perspectives around free speech.
What is the definition of free speech?
There are a number of varying definitions of free speech, but at its core, it’s about the legal right to express or seek out ideas and opinions freely without fear of censorship or legal action.
Freedom of speech is a part of freedom of expression, which means that individuals have the right to express themselves in whatever way they wish.
Thirty human rights were created, and they were designed to belong to everyone in the world so that no human being would be without rights. Article 18 and 19 are the rights most closely related to freedom of speech.
While article 18 states that everyone has the freedom to believe whatever they want, and practice their beliefs (including religion), article 19 states that everyone has the right to express their opinions freely, in whichever way they want.
These human rights then formed the basis for different human rights laws across the world, including article 10 of the human rights act in the UK.
This article grants individuals freedom of expression without interference, but also states that there are some conditions that may mean this freedom will be interrogated, such as in the event of a national security risk.
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What are first amendment rights in the U.S.?
You’ve probably heard people refer to their first amendment rights in America, since freedom of speech is often considered a fundamental part of being an American.
This law guarantees freedoms related to religion, expression, assembly and petitioning, and allows individuals to assemble and speak freely. The amendment actually 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.”
The study we discussed earlier by Pew Research Centre demonstrated just how much Americans care about their first amendment rights.
They found that Americans were some of the most supportive citizens of free speech, freedom of the press, and the right to use the internet without government censorship.
In addition, they discovered that Americans were more tolerant of offensive language than other nationalities.
However, it is interesting to consider that the U.S. is ranked at 44 out of 180 countries when ranked in the 2021 World Press Freedom Index.
What are the limits of freedom of speech?
We already discussed some of the reasons why a government might restrict the right to freedom of expression, so we already know that it has some limitations. Our open step from the University of Bristol explores the slightly different limitations stated in South Africa, which restricts ‘advocacy of hatred that is based on race, ethnicity, gender or religion’.
However, it is also worth mentioning that freedom of speech and expression has limitations depending on the specific context you’re in. For example, even though it is your human right to express yourself freely, doing so at work in a way that insults or negatively affects your boss or colleagues could impact your career. Essentially, it’s often inappropriate to speak freely if it infringes on someone else’s freedoms.
In a similar vein, experts from the University of Oslo and the Scholars at Risk Network explore the challenges and curbs to academic free speech which can occur in academic environments, i
ncluding those where human rights or legal violations may not be a factor. You can find out more about this in our Dangerous Questions: Why Academic Freedom Matters course.
Is the Internet a public forum?
One of the reasons it‘s so difficult to police the internet is because it’s a kind of public forum. As described by professors at the University of Bristol in our open step about free speech and the internet, the internet provides a platform for those otherwise denied a voice.
Rather than just media companies and journalists being the information providers, we are offered perspectives from ordinary citizens.
This can be incredibly powerful in certain instances, such as when people are experiencing abuses of power by their government, police, or authorities. The power of storytelling online cannot be underestimated.
G.I.T.C
