Omar Bennett
Freedom of speech is a right preserved in the United Nations Universal Declaration of Human Rights and is legally granted by the laws of most nations. However, the extent to which this freedom is protected varies across the world. While some countries protect free speech, others deprioritize it or even suppress it. For example, the US, Sweden, and Japan protect freedom of speech in their constitutions, but with limitations. In contrast, countries like North Korea, Burma, and Turkmenistan are among the most censored nations globally.
| Characteristics | Values |
|---|---|
| Countries with freedom of speech enshrined in their constitution | United States, Japan, Sweden, India, South Africa, China |
| Countries with low tolerance for freedom of expression | Jordan, Pakistan, Ukraine, Vietnam, Lebanon, Japan |
| Countries with high support for freedom of speech | Canada, Netherlands, Indonesia, Poland, Spain, United Kingdom |
| International laws protecting freedom of speech | Article 19 of the United Nations Universal Declaration of Human Rights |
| Regional treaties protecting freedom of speech | European Convention on Human Rights, American Convention on Human Rights |
| Limitations of freedom of speech | Libel, slander, incitement, copyright violation, trade secrets, perjury, hate speech, threats, racist speech |
| Organizations supporting freedom of speech | Amnesty International, First Amendment Voice, Pew Research Center |
Explore related products
What You'll Learn
Countries with freedom of speech enshrined in their constitutions
Freedom of speech is a principle that is enshrined in the constitutions of several countries. The right to freedom of speech is protected by the First Amendment to the US Constitution, which states that "Congress shall make no law... abridging freedom of speech". This includes the right to engage in symbolic speech, use offensive language to convey political messages, advertise products and services (with some restrictions), and the right not to speak, such as not saluting the flag. Americans are known to be more tolerant of offensive speech than people in most other nations. However, it is important to note that freedom of speech in the US does have certain restrictions, including libel, slander, incitement, copyright violation, trade secrets, and perjury.
In addition to the US, several other countries have constitutional protections for freedom of speech. The majority of African constitutions provide legal protection for freedom of speech, although the extent and enforcement of this right vary between countries. For example, South Africa's Constitution of 1996 protects freedom of speech while also prohibiting expression that promotes hatred based on certain grounds, given the country's racial and discriminatory history. Senegal is noted for having the most decisive freedom of expression among African nations, with numerous human rights and freedom of expression associations.
While many Asian countries provide formal legal guarantees of freedom of speech, these guarantees are not always implemented in practice. Barriers to freedom of speech vary significantly between ASEAN countries. For instance, bloggers in Burma, Vietnam, and Cambodia face brutal crackdowns, while journalists in the Philippines have been killed. China's constitution mentions citizens' freedom of speech, but the vague language gives the government leeway for arbitrary interpretations and unilateral judgments. Similarly, residents of Hong Kong have been arrested under the "Law of the People's Republic of China on Safeguarding National Security in Hong Kong".
According to the Press Freedom Index, countries like Iran, Eritrea, North Korea, and Turkmenistan have imposed extensive restrictions on news media freedom. In 2007, Iran imprisoned 50 journalists and was dubbed the "Middle East's biggest prison for journalists" by Reporters Without Borders.
While some countries explicitly protect freedom of speech in their constitutions, others provide indirect protections through various doctrines. For example, in New Zealand, freedom of speech is not explicitly protected by common law, but it is encompassed in doctrines and policies, such as the New Zealand Bill of Rights Act 1990, which guarantees freedom of expression.
Supreme Court: Beyond the Constitution
You may want to see also
Countries where freedom of speech is legally protected
Freedom of speech is a right preserved in the United Nations Universal Declaration of Human Rights and is formally granted by the laws of most nations. However, some countries protect free speech, while others deprioritize it or outright suppress it. Freedom of speech is often protected in democratic countries but restricted in totalitarian, communist, fascist countries, and dictatorships.
The United States is one of the countries with the strongest protections for freedom of speech. The First Amendment to the U.S. Constitution states, "Congress shall make no law...abridging the freedom of speech." This includes the right to engage in symbolic speech, use certain offensive words and phrases to convey political messages, advertise commercial products and professional services (with some restrictions), and the right not to speak or salute the flag. Americans are also more tolerant of offensive speech than people in most other nations. However, it is important to note that there are still some restrictions on free speech in the U.S., such as libel, slander, incitement, copyright violation, trade secrets, and perjury.
Canada, the Netherlands, and Indonesia are other examples of countries where freedom of speech is legally protected. In a 2019 Pew Research survey, 79% of Canadians, 84% of Dutch, and 86% of Indonesians felt that their right to free speech was secure and protected, compared to 73% in the U.S.
While the majority of African constitutions provide legal protection for freedom of speech, the extent and enforcement vary from country to country. Senegal, for example, has the most decisive freedom of expression on the continent. On the other hand, some Asian countries, such as China and North Korea, provide formal legal guarantees of freedom of speech, but these are not always implemented in practice.
Vital Signs: Understanding a Patient's Constitutional Health
You may want to see also
Countries where freedom of speech is not legally protected
Freedom of speech is a fundamental principle in many countries and is considered a basic human right. The right is preserved in the United Nations Universal Declaration of Human Rights and is formally granted by the laws of most nations. However, the degree to which this right is upheld in practice varies greatly from one nation to another. While some countries protect free speech, others deprioritize it or outright suppress it.
Totalitarian regimes, communist countries, fascist countries, and dictatorships are often associated with restricted freedom of speech. Citizens in these countries are often isolated by authoritarian rulers who view open access to information as a threat to their power. The media in these countries is typically state-controlled or silenced, and the internet is heavily censored and filtered. Laws are used, often in conjunction with fear and intimidation tactics, to prevent the spread of ideas and information. Some of the most censored countries in the world include North Korea, Myanmar, Turkmenistan, Equatorial Guinea, Libya, Eritrea, Cuba, Uzbekistan, Syria, and Belarus.
Even in countries with constitutional protections for free speech, the interpretation and implementation of these rights can vary. For example, while the United States is known for its strong tradition of free speech, a 2019 Pew Research study found that only 73% of Americans felt their right to free speech was adequately protected, ranking below countries like Canada (79%) and Indonesia (86%). Additionally, the concept of free speech in the US has limitations and does not extend to certain areas, such as libel, slander, incitement, copyright violation, and threats.
Some countries have specific laws that restrict freedom of speech, such as Article 578 of the Penal Code of Spain, which prohibits the glorification or justification of terrorist offenses or their perpetrators. In Austria, the right to free speech is limited by a prohibition on calling the Prophet Muhammad a paedophile. China, despite having constitutional provisions for freedom of speech, has been criticized for vague language that allows the government to make arbitrary judgements and impose censorship. Hong Kong, a Special Administrative Region of China, has faced increasing restrictions on free speech, with pro-democracy activists, politicians, and journalists being arrested under national security laws.
While the majority of African constitutions provide legal protection for freedom of speech, the extent and enforcement vary between countries. Senegal, for example, stands out for its decisive freedom of expression, with many active human rights and freedom of expression associations. In contrast, South Africa's history of apartheid and racial discrimination has influenced its approach to free speech, with the constitution precluding expression that advocates hatred based on certain grounds.
Supreme Court Justices: Constitutional Qualifications Needed?
You may want to see also
Explore related products
$24.15 $35
Countries where freedom of speech is restricted
While many nations acknowledge freedom of speech as a fundamental right, other nations are much more restrictive. Freedom of speech is protected in many of the freest countries in the world but is often restricted in totalitarian countries, communist countries, fascist countries, and dictatorships.
According to Amnesty International, freedom of expression is significantly limited in China and North Korea. While China's constitution deals with citizens' freedom of speech, the language has been vague, giving the government more room for arbitrary and unilateral judgements. For example, Article 5 of the "Computer Information Network and Internet Security, Protection and Management Regulations" states that " [n]o unit or individual may use the Internet to [...] transmit [...] information" that incites resistance against or violation of the law, incites hatred or discrimination among nationalists, makes falsehoods or distorts the truth, or promotes feudal superstitions. In practice, this means that references to liberal democracy, the Republic of China (Taiwan), the Tiananmen Square protests, and anything questioning the legitimacy of the Chinese Communist Party (CCP) are banned from public use. Many residents of Hong Kong have been arrested under the "Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region". In 2021, the Tiananmen Square Museum was accused of 'inciting subversion' and raided by police who removed exhibits and arrested four members of the group running the museum.
North Korea is generally regarded as one of the most censored countries globally. Although Article 67 of the Constitution of North Korea guarantees freedom of speech, freedom of the press, assembly, demonstration, and association, in reality, the media is either state-controlled or silenced, the internet is filtered, and restrictive laws are used to prevent the spread of ideas and information.
Other countries with low tolerance for freedom of expression include Jordan, Pakistan, Ukraine, Vietnam, Lebanon, and Japan. Burma, Vietnam, Cambodia, and Thailand have been known to use brutal force in cracking down on bloggers. In Thailand, there is also substantial political censorship and the arrest of bloggers and other online users. In 2010, Freedom House ranked Pakistan 134th out of 196 countries in its Freedom of the Press Survey, earning a status of "not free".
Freedom of speech is restricted by Section 124A of the Indian Penal Code, which makes any speech or expression that brings contempt towards the government punishable by imprisonment extending from three years to life. However, the Indian Constitution guarantees freedom of speech. Blasphemy against Islam is illegal in Iran, which ranked 166th out of 169 nations in the 2007 Press Freedom Index. Only Eritrea, North Korea, and Turkmenistan had more restrictions on news media freedom.
Although freedom of speech is a right preserved in the United Nations Universal Declaration of Human Rights and formally granted by the laws of most nations, it is not always respected in practice.
Texas Constitution of 1845: A Consequential Clause
You may want to see also
Countries where freedom of speech is suppressed
Freedom of speech is a right preserved in the United Nations Universal Declaration of Human Rights and is formally recognised by the laws of most nations. However, the degree to which this right is upheld in practice varies greatly from one nation to another. While some countries protect free speech, others deprioritise it, and some outright suppress it.
Some of the most censored countries in the world include North Korea, Myanmar (formerly Burma), Turkmenistan, Equatorial Guinea, Libya, Eritrea, Cuba, Uzbekistan, Syria, and Belarus. In these countries, citizens are often isolated by authoritarian rulers who view open access to information as a threat to their rule. The media is either state-controlled or silenced, the internet is filtered, and highly censored and restrictive laws are used—often in tandem with fear and intimidation—to prevent the spread of ideas and information.
For example, in North Korea, there are no independent journalists, and all radio and television receivers sold in the country are locked to government-specified frequencies. Similarly, in Cuba, the constitution grants the Communist Party the right to control the press and recognises "freedom of speech and the press in accordance with the goals of the socialist society". The government owns and controls all media outlets and restricts internet access.
In some Asian countries, legal guarantees of freedom of speech exist but are not implemented in practice. Barriers to freedom of speech vary drastically between ASEAN countries. They include the use of brutal force in cracking down on bloggers in Myanmar, Vietnam, and Cambodia, the application of lèse-majesté laws in Thailand, the use of libel and internal security laws in Singapore and Malaysia, and the killing of journalists in the Philippines.
Even in countries with strong constitutional protections for freedom of speech, such as the United States, there are still restrictions and limitations. These include libel, slander, incitement, copyright violation, trade secrets, and perjury. Additionally, while Americans are generally more tolerant of offensive speech than people in most other nations, there are ongoing debates about where to draw the line between free expression and offensive, threatening, or harmful content, especially in the age of social media.
Albany Plan: A Constitution Forerunner
You may want to see also
Frequently asked questions
Almost every country's constitution refers to the value of 'free speech', but the extent to which this is upheld varies.
The US, Sweden, and Japan are among the countries that most strongly protect freedom of speech in their constitutions.
North Korea, Burma, Turkmenistan, Equatorial Guinea, Libya, Eritrea, Cuba, Uzbekistan, Syria, and Belarus are among the most censored nations globally.
In the US, freedom of speech includes the right to engage in symbolic speech, to use certain offensive words and phrases to convey political messages, to advertise commercial products and professional services (with some restrictions), and the right to not speak (specifically, the right to not salute the flag).
In Japan, interrupting a political campaign speech is prohibited by the Public Office Election Act and may result in imprisonment or a fine. Japan also criminalizes certain speech acts involving defamation, insult, or intimidation.
