Freedom of Speech and the associated misconceptions
Freedom of speech is
the right to articulate one's opinions and ideas without fear of government
retaliation or censorship, or societal sanction. The
term freedom of expression is sometimes used synonymously, but
includes any act of seeking, receiving and imparting information or ideas,
regardless of the medium used.
Freedom of expression is recognized as a human right under article
19 of the Universal Declaration of Human Rights and recognized in international human rights law in the International Covenant on Civil and Political Rights (ICCPR). 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 in 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 of public order (order public), or of public health or
morals".
Therefore, freedom of speech and
expression may not be recognized as being absolute, and common limitations to
freedom of speech relate to libel, slander, obscenity, pornography, sedition, incitement, fighting words, classified information, copyright violation, trade secrets, food labelling, non-disclosure agreements, the right to privacy, the right to be forgotten, public security, and perjury.
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."
The idea of the "offense
principle" is also used in the justification of 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.
With the evolution of the digital age, application of the 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.
- Wikipedia
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