Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognised as a human right in the Universal Declaration of Human Rights (UDHR) and international human rights law. Many countries have constitutional laws that protect freedom of speech. Terms such as free speech, freedom of speech, and freedom of expression are often used interchangeably in political discourse. However, in legal contexts, freedom of expression more broadly encompasses the right to seek, receive, and impart information or ideas, regardless of the medium used.
Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or print, in the form of art, or through any other media of his choice". The version of Article 19 in the ICCPR later amends this by stating that the exercise of these rights carries "special duties and responsibilities" and may "therefore be subject to certain restrictions" when necessary "[f]or respect of the rights or reputation of others" or "[f]or the protection of national security or public order (ordre public), or of public health or morals". (Full article...)
Article 14 of the Constitution of the Republic of Singapore, specifically Article 14(1), guarantees to Singaporecitizens the rights to freedom of speech and expression, peaceful assembly without arms, and association. However, the enjoyment of these rights may be restricted by laws imposed by the Parliament of Singapore on the grounds stated in Article 14(2) of the Constitution. There are two types of grounds. For the first type, it must be shown that restricting the rights is "necessary or expedient in the interest" of the grounds. The grounds are the security of Singapore and public order (applicable to all three rights protected by Article 14(1)), morality (freedom of speech and freedom of association), and friendly relations with other countries (freedom of speech only). In a 2005 judgment, the High Court expressed the view that the phrase necessary or expedient confers upon Parliament "an extremely wide discretionary power and remit that permits a multifarious and multifaceted approach towards achieving any of the purposes specified in Art 14(2) of the Constitution". It is unnecessary for the courts to determine whether a legislative restriction of a right is reasonable. All that is required is a nexus between the objective underlying the restrictive law and one of the grounds specified in Article 14(2) that Parliament is entitled to restrict the right on.
Image 6Orthodox priest Libor Halík with a group of followers. Halík has been chanting daily for over five years against abortion via megaphone in front of a maternity hospital in Brno, Moravia. (from Freedom of speech by country)
Image 26Restriction of apostasy by country (2020) (from Freedom of speech)
Image 27George Orwell statue at the headquarters of the BBC. A defence of free speech in an open society, the wall behind the statue is inscribed with the words "If liberty means anything at all, it means the right to tell people what they do not want to hear", words from George Orwell's proposed preface to Animal Farm (1945). (from Freedom of speech)
Bassem al-Tamimi (Arabic: باسم التميمي, born c. 1967) is a Palestinian activist and an organizer of protests against Israeli settlement construction in the West Bank. He was convicted by an Israeli military court in 2011 for "sending people to throw stones, and holding a march without a permit". A schoolteacher in Nabi Salih in the West Bank, al-Tamimi organizes weekly demonstrations against Israeli settlement. He has been arrested by the Israeli authorities over a dozen times, at one point spending more than three years in administrative detention without trial. Al-Tamimi advocates grassroots, nonviolent resistance, but has stated his belief that stone-throwing is an important symbol of Palestinian resistance to Israeli occupation. His 2011 arrest drew international attention, with the European Union describing him as a "human rights defender" and Amnesty International designating him a prisoner of conscience. He was arrested again in October 2012 for a demonstration in a supermarket, but released in early 2013.
Active liberty is particularly at risk when law restricts speech directly related to the shaping of public opinion, for example, speech that takes place in areas related to politics and policy-making by elected officials. That special risk justifies especially strong pro-speech judicial presumptions. It also justifies careful review whenever the speech in question seeks to shape public opinion, particularly if that opinion in turn will affect the political process and the kind of society in which we live.
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![Image 14Article 299's prosecution have surged during Erdogan's presidency. (from Freedom of speech by country)](#/media/File:Prosecutions_for_"insulting_the_president"_in_Turkey,_2007–2017.jpg)
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