Jonah Patel
Freedom of speech is a concept that allows individuals or communities to express their opinions, ideas, and beliefs without fear of censorship, punishment, or legal sanction. While it is enshrined as a constitutional right in some countries, such as the United States, Sweden, and Japan, the degree to which it is upheld in practice varies greatly worldwide. Several countries, including those in the Western Hemisphere, generally demonstrate a higher tolerance for free speech, while others, like China and North Korea, impose significant restrictions. The protection and limitations of free speech are influenced by a country's history, political climate, and socio-cultural dynamics, leading to a diverse landscape of freedom of expression globally.
| Characteristics | Values |
|---|---|
| Countries with freedom of speech enshrined in their constitution | Sweden, Japan, United States, South Africa, Bangladesh |
| Countries with freedom of speech but no constitutional protection | Canada, Norway, Denmark, Poland, Spain, United Kingdom, Indonesia, Netherlands |
| Countries with limited freedom of speech | China, North Korea, Myanmar, Vietnam, Cambodia, Thailand, Singapore, Malaysia, Philippines |
| Countries with no freedom of speech | Not mentioned in sources |
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What You'll Learn
Free speech in South Africa
Freedom of speech is the concept of the inherent human right to voice one's opinion publicly without fear of censorship or punishment. This right is preserved in the United Nations Universal Declaration of Human Rights (UNUDHR) and is granted formal recognition by the laws of most nations. However, the degree to which this right is upheld in practice varies greatly from one nation to another.
South Africa is one of the countries that recognises the right to freedom of speech and expression in its constitution. The South African Bill of Rights, chapter 2 of the Constitution, protects and limits freedom of speech and expression. Section 16 of the Constitution states that:
> everyone has the right to freedom of expression including: freedom to receive or impart information or ideas, freedom of artistic creativity and academic freedom and freedom of scientific research.
However, this right does not extend to "advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm". In 2011, a South African court ruled that an anti-apartheid struggle song, chanted by ANC youth leader Julius Malema, was hate speech and a violation of the law. The song's slogan, "Kill the Boer, kill the farmer", was deemed offensive to the white minority and a literal threat against them.
South Africa's history of apartheid has also influenced its approach to freedom of speech. During the apartheid era, freedom of speech was curtailed under legislation such as the Native Administration Act 1927 and the Suppression of Communism Act, 1950. Newspapers had to apply for registration if they published more than 11 times a year, and the government enforced regulations controlling what newspapers could or could not publish, especially articles against the apartheid system.
In comparison to the United States, South Africa has a similar set of free expression guidelines. Both countries are fairly liberal in terms of free speech. However, the United States has not banned a song from being heard or sung, as was the case in South Africa. The United States also has a higher press freedom index than South Africa, but both countries are ranked with satisfactory worldwide press situations.
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Free speech in Japan
Freedom of speech is considered a basic human right by the United Nations Universal Declaration of Human Rights and is recognised by the laws of most nations. However, the degree of freedom varies from country to country, with some countries protecting it, some deprioritising it, and some outright suppressing it.
Japan's constitution, enacted in 1946, protects freedom of speech and expression under Article 21. The country's internet access is rated as "free", with neither government restrictions nor reports of the government checking emails or internet chat rooms without legal authority. The constitution and law broadly protect free expression, and the government respects this right in practice. The law and constitution also prohibit arbitrary interference with privacy, family, home, or correspondence, and the government generally respects these prohibitions.
However, Japan ranks poorly when it comes to press freedom. According to academics and journalists, the country's claims to press freedom are contradicted by a system of exclusive, government-approved press clubs, which often provide major media outlets with exclusive access to news sources while barring foreign and freelance reporters. This system, known as "kisha kurabu" or reporters' clubs, dates back to 1890 and the ban imposed by the first Imperial Diet on access to journalists. Additionally, the media is said to self-censor, avoiding controversial topics and refraining from asking tough questions to avoid punishment. This results in a media landscape that primarily reports what the government and big businesses want.
Japan's ranking in the 2023 World Press Freedom Index was 68th out of 180 countries, the lowest among the Group of Seven (G7) nations. Experts attribute this low ranking to journalists' vulnerability to government and business pressure, as well as the culture of self-censorship.
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Free speech in Sweden
Free speech, a free press, and overall transparency are fundamental to Swedish society and are considered vital components of Sweden's four fundamental laws. Sweden has a long history of commitment to freedom of expression, which is protected by the Instrument of Government, the Freedom of the Press Act, and the Fundamental Law on Freedom of Expression.
The Freedom of the Press Act of 1766, which put an end to censorship and established the principle of public access to official records, is the most significant piece of legislation in this area. This principle of public access grants the general public and the media access to official records, allowing them to scrutinise the activities of the government at all levels. Transparency reduces the risk of power being abused, and civil servants are free to inform the media or outsiders. However, certain information, such as matters of national security or sensitive medical information, can be classified.
Sweden's commitment to freedom of expression is also reflected in its educational system, where students learn about "the age of liberty" from 1719 to 1772, a period of parliamentary power that followed the death of King Karl XII (Charles XII) and marked the end of autocratic monarchy.
Despite Sweden's strong protection of freedom of expression, there are still some restrictions. For example, it is unlawful to threaten, defame, or harass, and there are laws against distributing child pornography or showing sexual violence in public. While Sweden does not have a specific rule on hate speech, there are three provisions that address this issue. Additionally, the ""offense principle" justifies limitations on forms of expression deemed offensive to society, and the government can classify certain information as confidential.
In terms of global rankings, Sweden was ranked third on the 2024 World Press Freedom Index by Reporters Without Borders, which evaluates the degree of freedom journalists and news organisations have in each country, as well as the authorities' efforts to safeguard this freedom.
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Free speech in China
Freedom of speech is considered a human right by the United Nations Universal Declaration of Human Rights. It is the right to express opinions without fear of censorship or punishment and covers a range of forms of expression. While many nations have this enshrined in their constitutions, the degree to which it is respected in practice varies greatly.
China's Constitution does include freedom of speech, but the language used is vague, and the government often uses "subversion of state power" and "protection of state secrets" clauses to imprison critics. The Chinese government also uses "picking quarrels and provoking trouble" as a reason to jail critics. The 1982 Constitution guarantees freedom of speech, but in practice, the government has broad scope to make arbitrary and unilateral judgements.
China's media is heavily influenced by the ruling Chinese Communist Party (CCP), with many large media organizations being run by or affiliated with the CCP. The government has also banned several social media platforms and actively censors books and films. The state employs censorship tactics ranging from monitoring systems to jailing journalists, bloggers, and activists.
In recent years, the Chinese government has become more tolerant of criticism, but only from certain groups of people, a so-called "free-speech elite," and only in government-controlled forums. This group includes senior government and Communist Party leaders, those with the patronage of such leaders, and, to a lesser extent, academics and journalism professionals.
In 2021, the Chinese government tightened ideological control and cracked down further on free speech. It also increased restrictions on religious freedom in the Xinjiang Uyghur Autonomous Region and continued prosecutions of intellectuals, artists, and other Uyghur cultural figures.
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Free speech in the US
Free speech is the concept of the inherent human right to voice one's opinion publicly without fear of censorship or punishment. It is preserved in the United Nations Universal Declaration of Human Rights and is granted formal recognition by the laws of most nations. The right to free speech is also enshrined in the First Amendment of the US Constitution, which prohibits Congress from passing laws that infringe on the freedom of speech.
In the US, the right to free speech is generally well-protected, and the country has consistently ranked highly in international comparisons of freedom of speech. Americans are also more tolerant of offensive speech than people in most other nations. However, free speech in the US is not absolute and is restricted in certain circumstances. These include obscenity, indecency, fraud, child pornography, incitement to violence, and commercial speech. The US Supreme Court has also affirmed that private entities, such as social media companies, are not bound by the First Amendment and can regulate speech on their platforms.
The American Civil Liberties Union (ACLU) has been a prominent defender of free speech rights in the US since its founding in 1920. The ACLU has been involved in numerous landmark speech cases before the US Supreme Court, including Tinker v. Des Moines Independent Community School District (1969), which extended First Amendment protection to students in public schools, and Manhattan Community Access Corporation v. Halleck, which affirmed that private entities are not restricted by the First Amendment. The ACLU's Speech, Privacy, and Technology Project also champions freedom of expression through protest, media, online speech, and the arts.
While the US provides strong protection for free speech, there are ongoing debates about where to draw the line between free expression and offensive, threatening, or harmful content. This is particularly relevant in the age of social media, where free speech can be used to spread misinformation, bully others, and promote hate and intolerance. Despite these challenges, free speech remains a fundamental right in the US, underpinning the democratic process and diversity of thought.
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Frequently asked questions
Many countries have freedom of speech enshrined in their constitutions, including the United States, Japan, Sweden, Bangladesh, and South Africa.
While freedom of speech is a right preserved in the United Nations Universal Declaration of Human Rights, the degree to which this right is upheld in practice varies from nation to nation. For example, while the US has strong free speech protections, Americans are more tolerant of offensive speech than people in most other nations. In Japan, interrupting a political campaign speech is prohibited and may be punishable by imprisonment or a fine. In South Africa, freedom of speech does not extend to the advocacy of hatred based on race, ethnicity, gender, or religion. In Sweden, defamation is criminalized, and the country prosecutes those who violate anti-hate speech clauses.
Yes, several countries do not uphold freedom of speech, particularly totalitarian, communist, fascist, and dictatorial regimes. Amnesty International reports that freedom of expression is significantly limited in China and North Korea.
