This so-called parliamentary privilege includes no possible defamation claims meaning Parliamentarians are free to speak up in the House without fear of legal action. Restating what is written in the English Declaration of Right, 1689, England's Bill of Rights 1689 legally established the constitutional right of freedom of speech in Parliament, which is still in effect. Edward Coke claimed freedom of speech as "an ancient custom of Parliament" in the 1590s, and it was affirmed in the Protestation of 1621. įreedom of speech was vindicated by Erasmus and Milton. It is thought that the ancient Athenian democratic principle of free speech may have emerged in the late 6th or early 5th century BC. Historical origins įreedom of speech and expression has a long history that predates modern international human rights instruments. The Human Rights Measurement Initiative measures the right to opinion and expression for countries around the world, using a survey of in-country human rights experts. With the evolution of the digital age, application of freedom of speech becomes more controversial as new means of communication and restrictions arise, for example, the Golden Shield Project, an initiative by Chinese government's Ministry of Public Security that filters potentially unfavourable data from foreign countries. The idea of the "offense principle" is also used to justify speech limitations, describing the restriction on forms of expression deemed offensive to society, considering factors such as extent, duration, motives of the speaker, and ease with which it could be avoided. Justifications for such include the harm principle, proposed by John Stuart Mill in On Liberty, which suggests that "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". įreedom 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, non-disclosure agreements, the right to privacy, dignity, the right to be forgotten, public security, and perjury. 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 "or respect of the rights or reputation of others" or "or the protection of national security or of public order (ordre public), or of public health or morals". However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used.Īrticle 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 in print, in the form of art, or through any other media of his choice". Terms like free speech, freedom of speech, and freedom of expression are used interchangeably in political discourse. Many countries have constitutional law that protects free speech. The right to freedom of expression has been recognised as a human right in the Universal Declaration of Human Rights and international human rights law by the United Nations. 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.
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