Sixth Blog - Key Freedom of Expression Issues
Blog # 6 - Key Freedom of Expression Issues
By: Nicole Bernal Marcial
What is Freedom of Expression?Freedom of speech, or freedom of expression, applies to ideas of all kinds, including those that may be deeply offensive. While international law protects free speech, there are instances where speech can legitimately restricted under the same law – such as when it violates the rights of others, or, advocates hatred and incites discrimination or violence.
However, any restrictions on freedom of expression must be provided by law, protect certain public interests or the rights of others and, be clearly necessary for that purpose.
Everyone has the right to communicate his or her opinions and ideas and share information in whatever form. In human rights this is called freedom of expression. It prohibits the state and other people in society from censorship and it can be restricted for only very serious reasons.
Why freedom of expression is important?
The right to freedom of expression is enshrined in Article 19 of the Universal Declaration of Human Rights, which sets out in broad terms the human rights that each of us has. It was later protected legally by a raft of international and regional treaties.
Defending freedom of expression has always been a core part of Amnesty International’s work and is vital in holding the powerful to account. Freedom of expression also underpins other human rights such as the right to freedom of thought, conscience and religion - and allows them to flourish.
It is also closely linked to freedom of association - the right to form and join clubs, societies, trade unions or political parties with anyone you choose; and freedom of peaceful assembly - the right to take part in a peaceful demonstration or public meeting.
The right to freedom of expression is enshrined in Article 19 of the Universal Declaration of Human Rights, which sets out in broad terms the human rights that each of us has. It was later protected legally by a raft of international and regional treaties.
Defending freedom of expression has always been a core part of Amnesty International’s work and is vital in holding the powerful to account. Freedom of expression also underpins other human rights such as the right to freedom of thought, conscience and religion - and allows them to flourish.
It is also closely linked to freedom of association - the right to form and join clubs, societies, trade unions or political parties with anyone you choose; and freedom of peaceful assembly - the right to take part in a peaceful demonstration or public meeting.
Democracy
Freedom of expression is an important human right which is essential for a society to be democratic. It enables the free exchange of ideas, opinions and information and thus allows members of society to form their own opinions on issues of public importance. Freedom of expression serves public debate and supports a free and independent press, informed citizenship and the transparent functioning of the state.
Scope
Freedom of expression protects almost all the ways in which you can express yourself, regardless of the content or tone of your message. It covers all:
- spaces (public and private)
- purposes (political, artistic and commercial)
- forms (words, pictures and sounds)
- media (films, cartoons, radio, television and social media)
Freedom of expression protects you from unjustified restrictions of your expressions, but it does not guarantee you access to the means for expressing your ideas.
Restriction
The right to freedom of expression is very broad, but it has limits and can be restricted. This is when the freedom of expression of one person violates the rights of another person or the values of society as a whole. In situations like these, the state can lawfully restrict or punish expressions that cause harm. Examples of this are violations of private life, defamation, hate speech, obscenity, pornography, public order, national security, classified information, trade secrets or copyright violations.
Any measures that restrict freedom of expression must be stated in law, can only be applied for valid reasons and must be an exception based on the individual situation.
Access to Information
Freedom of expression also applies to the opportunity to freely share and receive any information you might be interested in. For example, by reading a particular newspaper or website, listening to a radio programs or watching a TV station. This also includes a citizen’s right to access both public, and under certain conditions, restricted information that state institutions possess as well.
Key Issues on Freedom of Expression
Public Order and National Security
Restrictions on freedom of expression in the name of public order and national security should be imposed only where there is a real risk of harm to a legitimate interest
Restrictions purporting to serve public order and national security interests are often excessively broad and vague. To ensure that such restrictions do not exert an excessive chilling effect on freedom of expression, they should not be imposed unless they meet the conditions set out in the Principles on National Security, Freedom of Expression and Access to Information, including the following:
– there is a significant risk of imminent harm;
– the risk is of serious harm, that is to say violence or other unlawful action;
– there is a close causal link between the risk of harm and the expression;
– the expression was made with the intention of causing the harm.
Criminal Content Restrictions
Expression should not be criminalized unless it poses a clear risk of serious harm
Criminal sanctions for offences related to published content exert a significant chilling effect on freedom of expression. Many such restrictions are unnecessary because the expression in question simply does not cause serious harm. Examples of this are laws prohibiting the publication of false news and sedition laws, which often envisage penal sanctions. These laws should be repealed. In other cases, laws are worded excessively broadly, prohibiting even innocuous expression. Common examples of this are contempt and obscenity laws. These laws should be amended so as to limit their scope to expression which poses a clear risk of serious harm to a legitimate public interest.
Hate Speech
Public authorities should not use the media to promote intolerance or hatred between groups
Racism and hatred against specific groups, and the actions that flow from them, are perhaps among the most insidious and pervasive ways of undermining effective enjoyment of rights for those who are their targets. An extreme example of this is the use of the mass media to promote genocide or racially-motivated attacks. Public authorities should never use the media to promote intolerance or hatred between groups.
Gender Equity
Equal access to and representation of women in the media should be promoted
Equal access to and representation of women in the media are crucial to ensuring proper coverage of issues of concern to women and of women’s perspectives. This, in turn, is essential not only to full participation of women in public decision making and to combating discrimination against them, but also to effective, sustainable development. Public authorities should take effective measures to combat discrimination against women and to promote access of women to the media. Public broadcasters are under an obligation to ensure that they are representative – in programming, staffing and as regards coverage of issues.
Freedom of Information
The authorities should adopt legislation providing for effective access to information held by public authorities
Freedom of information is crucial to open, democratic government and the effective exercise of the right to freedom of expression. Authorities should adopt legislation giving effect to this right which respects the principles set out in The Public’s Right to Know: Principles on Freedom of Information Legislation(6), including the following:
– the legislation should be guided by the principle of maximum disclosure;
– public bodies should be under an obligation to publish key information;
– public bodies should actively promote open government;
– exceptions should be clearly and narrowly drawn and subject to strict ‘harm’ and ‘public interest’ tests;
– individuals should have the right to appeal against a refusal to disclose information to an independent administrative body, which operates in a fair, timely and low-cost manner;
– the legislation should provide protection for ‘whistleblowers’ who release information on wrongdoing.
Privacy
Privacy laws should not inhibit investigative reporting in the public interest
Privacy, particularly to protect individuals from unwarranted interference in their private affairs, is widely recognised as a human right. Many countries have passed laws providing individuals with a right of action against non-state actors, such as the media, who invade their privacy. States should be careful when considering such laws to ensure that they do not unnecessarily inhibit investigative reporting and the exposure of corrupt and illegal practices.
Children and Freedom of Expression
The expression rights of children, including the right to have their views heard, should be fully respected
The Convention on the Rights of the Child clearly establishes not only children’s right to freedom of expression, but also their right to have their views heard and to be given due weight in matters concerning them. States should take positive measures to ensure that children are given effective opportunities to provide input into public decisions affecting them, for example in the areas of education, health and prevention of crime.
Is it okay that anything that you do, anywhere that you go, anything that you feel is posted on social media?
Social media has become an extension of our lives. Everyone has a presence on social media, Although there are several flaws and ill effects, it cannot be run down because it is also a remarkable tool to connect, collaborate, and unite people despite territorial limitations. Social Media has become a vital communications tool through which individuals can exercise their right of freedom of expression and exchange information and ideas. In the past year, a growing movement of people around the world has been witnessed who are advocating for change, justice, equality, accountability of the powerful and respect for human rights wherein the Internet and Social Media has played a key role.
However, the freedom of speech and expression does not confer on the citizens the right to speak or publish without responsibility and the legislature may enact laws to impose restrictions on the right to speech and expression on the several grounds. Social media is open to misuse as well, as several cyber crimes can be easily committed through social media. This gives the State a justification to regulate online content in the interests of the public at large, the necessity of which cannot be denied.
As long as the interests of people are taken care of, there can be no objection to government regulation but the problem arises when, in the name of regulation, it starts censoring.
Social engagement and community-building are important to growing a business. While the goal is to get users, customers and community members talking, not all speech is created equal. It’s not easy to give a bright-line list of what is or is not protected speech when it comes to social media. Online speech and expression are highly interwoven in contexts that may involve other areas of law limiting your right to silence detractors. Overall, though, censorship in corporate social media is not only alive and well, it is often a necessity.
In my opinion, be mindful and do not overshare everything in your social media account because it is not healthy for your life. Oversharing is when people share too much personal information to the public or a stranger. It can happen both on and offline. However, it is a big problem on social media sites, which make "putting yourself online" easy.
We all have freedom of speech on our social media account but also think about your safety and reputation because your social media accounts also reflect you as an its user.
Friendly Reminder
Before you post anything on social media, take some time to decide if posting it is really a good idea. Use your best judgment to select what info you share on social media. Decide whether it's too personal, private, or controversial to post. Also, ask yourself: could someone use this information against me?
It can be intimidating to post online for fear of making a mistake and damaging your reputation. Instead of resisting social media, remember to post content which is true, consistent with your values, collaborative and interesting.
Before you post anything on social media, take some time to decide if posting it is really a good idea. Use your best judgment to select what info you share on social media. Decide whether it's too personal, private, or controversial to post. Also, ask yourself: could someone use this information against me?
It can be intimidating to post online for fear of making a mistake and damaging your reputation. Instead of resisting social media, remember to post content which is true, consistent with your values, collaborative and interesting.
" Freedom of Speech is not bad but we should be responsible on what our own actions "
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