Diff: Freedom of Speech
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'''Freedom of speech''' is the right to express opinions, information, ideas, beliefs, and criticism without unjustified interference by the State. In international human-rights law it is usually discussed as part of the wider right to freedom of expression, which includes receiving and imparting information as well as speaking. |
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'''Freedom of speech''' is the right to express opinions, information and ideas without unjustified interference. It is closely related to '''freedom of expression''', a wider term that also covers receiving and sharing information, art, protest, journalism, publishing, broadcasting and online expression. |
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The right is central to public debate, journalism, protest, art, academic work, political campaigning, religious discussion, and ordinary criticism of authority. It is also one of the rights most often tested by hard cases, because expression can conflict with privacy, reputation, public order, national security, court fairness, and protection from harassment or incitement. |
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In the United Kingdom and Europe, the main legal language is usually '''freedom of expression''' under Article 10 of the European Convention on Human Rights and the Human Rights Act 1998. |
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== Scope == |
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Freedom of speech covers more than spoken words. It can include writing, publishing, broadcasting, art, protest signs, online posts, symbolic expression, satire, academic work, and political campaigning. |
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== Meaning == |
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Freedom of speech protects the ability to speak, write, publish, protest, criticise, argue, campaign and receive information. It protects unpopular and uncomfortable expression as well as ordinary expression. |
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The right protects unpopular expression as well as popular expression. A system that protects only polite or majority-approved speech does not offer much protection when speech becomes politically important. |
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The right is especially important for political debate, journalism, academic discussion, artistic work and public criticism of government or powerful organisations. |
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== International Protection == |
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Article 19 of the [[Universal Declaration of Human Rights (UDHR)]] protects freedom of opinion and expression. Article 19 of the [[International Covenant on Civil and Political Rights (ICCPR)]] protects the right to hold opinions without interference and the right to freedom of expression. |
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== United Kingdom Legal Position == |
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The Human Rights Act 1998 incorporates rights from the European Convention on Human Rights into UK law. Article 10 protects freedom of expression. It includes the freedom to hold opinions and to receive and impart information and ideas without interference by public authority. |
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The Human Rights Committee describes freedom of opinion and expression as essential conditions for personal development and for any society. Its General Comment No. 34 is a major source on how Article 19 should be interpreted. |
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Article 10 is a qualified right. Interference can be lawful where it is prescribed by law, pursues a legitimate aim and is necessary in a democratic society. |
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== Limits == |
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Freedom of speech is usually not absolute. International and domestic systems commonly allow restrictions where they are set by law, pursue a legitimate aim, and are necessary and proportionate. |
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== Article 10 Limits == |
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Article 10 allows restrictions for aims such as national security, public safety, prevention of disorder or crime, protection of health or morals, protection of reputation or rights of others, preventing disclosure of confidential information, or maintaining the authority and impartiality of the judiciary. |
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Common examples include: |
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This means the right is strong but not absolute. Defamation, harassment, threats, incitement, contempt of court, some public order offences and disclosure of confidential or restricted information can all raise legal issues. |
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* Defamation and protection of reputation. |
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* Court reporting restrictions and contempt rules. |
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* Incitement to violence. |
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* Threats, harassment, and targeted abuse. |
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* National security restrictions. |
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* Privacy and confidential information. |
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* Broadcasting and election rules. |
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* Protection of children. |
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== Speech and Consequences == |
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Freedom of speech mainly restrains state interference. It does not mean every platform, employer, publisher or private person must host or approve a person's speech. |
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The existence of limits does not mean the State can restrict speech whenever it dislikes it. The test is normally whether the restriction is lawful, necessary, and proportionate. |
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Private disagreement, criticism, refusal to associate and editorial moderation can themselves be forms of expression. Legal questions usually arise where state action, contractual rights, employment law, discrimination law, harassment law or criminal law is involved. |
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== Political Speech == |
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Political speech receives strong protection in many legal systems because democratic accountability depends on the ability to criticise governments, public officials, laws, and institutions. |
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== Political Speech and Protest == |
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Political speech receives strong protection because democratic society depends on open debate. Protest, placards, leaflets, chants, journalism and campaign material can all fall within freedom of expression. |
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Strong protection for political speech does not mean every method of expression is lawful. Threats, intimidation, unlawful harassment, and serious disorder may still be regulated. |
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Protest can also involve other rights, especially freedom of assembly under Article 11. Restrictions may still be imposed where the legal test is met, for example around violence, serious disorder, obstruction, harassment or national security. |
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== Private Platforms == |
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Modern speech often takes place through private platforms, employers, payment processors, hosting providers, and app stores. That creates a practical distinction between State censorship and private moderation. |
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== Online Expression == |
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Online expression is protected in principle, but the same environment can also amplify abuse, threats, harassment, false claims and targeted campaigns. Platforms may set terms of service, and criminal or civil law may apply where speech crosses legal boundaries. |
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A person may have a human-rights claim where public authorities restrict expression. A dispute with a private platform may instead involve contract terms, consumer law, employment law, data law, competition law, or platform regulation. The details depend on the country and facts. |
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The fact that speech is online does not by itself make it unlawful. The content, context, target, intent, reach and harm all matter. |
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== Comparison with the United States == |
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The First Amendment to the United States Constitution is often discussed alongside freedom of speech. It gives strong protection against government restriction of speech, but it is not the same legal model as Article 10. |
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Article 10 expressly contains a list of permissible restrictions. UK and European courts normally balance expression against other rights and public interests using proportionality. |
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== See Also == |
== See Also == |
* [[Freedom of Speech in the United Kingdom]] |
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* [[International Covenant on Civil and Political Rights (ICCPR)]] |
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* [[Civil Liberties]] |
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* [[Defamation Act 2013]] |
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* [[Civil_Liberties]] |
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* [[Human_Rights_Act_1998]] |
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* [[International_Covenant_on_Civil_and_Political_Rights_(ICCPR)]] |
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* [[Case_Law]] |
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== References == |
== References == |
* [https://www.ohchr.org/en/universal-declaration-of-human-rights OHCHR: Universal Declaration of Human Rights] |
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* [https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights OHCHR: International Covenant on Civil and Political Rights] |
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* [https://www.ohchr.org/en/documents/general-comments-and-recommendations/general-comment-no34-article-19-freedoms-opinion-and OHCHR: General Comment No. 34 on Article 19] |
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* [https://www.legislation.gov.uk/ukpga/1998/42/schedule/1/part/I/chapter/9 Human Rights Act 1998, Article 10] |
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* [https://www.echr.coe.int/documents/d/echr/convention_eng European Court of Human Rights: European Convention on Human Rights] |
* [https://www.echr.coe.int/documents/d/echr/convention_eng European Court of Human Rights: European Convention on Human Rights] |
* [https://www.equalityhumanrights.com/human-rights/human-rights-act/article-10-freedom-expression Equality and Human Rights Commission: Article 10 freedom of expression] |
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* [https://ks.echr.coe.int/web/echr-ks/article-10 European Court of Human Rights Knowledge Sharing: Article 10 case-law guide] |
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* [https://www.coe.int/en/web/human-rights-convention/expression Council of Europe: freedom of expression] |
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[[Category:Human Rights]] |
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[[Category:Civil Liberties]] |
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[[Category:Human rights]] |
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[[Category:Law]] |