Jonah Patel
The concept of freedom of speech has been a topic of debate for centuries, with various interpretations and implementations across different political systems. In the context of constitutional monarchies, the existence of freedom of speech is complex and influenced by historical events, legal frameworks, and cultural norms. While constitutional monarchies uphold certain democratic principles, the interplay between the monarchy and the freedom of expression enjoyed by their subjects is a nuanced discussion. This is particularly intriguing given the sensitive nature of speech pertaining to the monarchy itself. This introduction aims to delve into the intricacies of freedom of speech within constitutional monarchies, exploring its evolution, limitations, and relevance in modern times.
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What You'll Learn
Freedom of speech in the UK
The United Kingdom does not have a general right to free speech. However, British citizens have a negative right to freedom of expression under common law, and since 1998, freedom of expression has been guaranteed by Article 10 of the European Convention on Human Rights, which has been applied in British law through the Human Rights Act. This means that everyone has the right to express and receive opinions, ideas and information without interference from public authorities.
Despite this, there are several restrictions on free speech in the UK. Current laws allow for restrictions on threatening or abusive words or behaviour that are likely to cause harassment, alarm or distress, or cause a breach of the peace. Additionally, the incitement of racial or religious hatred, the sending of indecent or grossly offensive messages, and defamation are all restricted under UK law.
The UK's hate speech and libel laws have been criticised for their potential to hinder freedom of speech. For example, in 2019, a book about censorship itself was cancelled due to concerns about the possibility of legal action under these laws. Similarly, comedians and satirists have expressed fear of prosecution for their work.
The UK's right to freedom of expression is also under threat from increasing surveillance and police action. The country has more police surveillance cameras than anywhere else outside of China, and there have been several arrests related to protected speech in recent years.
Despite these concerns, the UK scored a 5.17 on the Worldwide Press Freedom Index, ranking 24th. This suggests that while there may be some restrictions on free speech in the UK, the country still enjoys a relatively high level of press freedom compared to other nations.
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Censorship in the UK
The UK does not have an equivalent to the First Amendment in the US, and free speech is a relatively recent development, emerging in the 1960s. While the UK's constitutional monarchy limits the powers of the monarch, with the legislative branch serving as the primary governing body, the country's censorship laws have historically fluctuated based on the stability of the monarchy and their views of the citizens.
One notable example of censorship in the UK is the case of intelligence researcher James Flynn, whose book "In Defence of Free Speech" was initially accepted but later rejected by Emerald Insight due to concerns about potential legal action under the UK's hate speech and libel laws. This incident highlights the complex nature of free speech and censorship in the country.
The UK has also witnessed a shift towards increased surveillance and police action since around 2010, with the country now having more police surveillance cameras than anywhere else outside of China. This development has sparked debates about the balance between national security and individual privacy.
Additionally, the UK has seen controversies surrounding the censorship of media content, such as the banning of the 1986 documentary "Greece: The Hidden War" and the debate over regulating violent video games. The country's regulatory bodies, such as Ofcom and the BBFC, play a crucial role in navigating these complex issues, adapting their guidelines to reflect changing social attitudes and technological advancements.
In conclusion, while the UK's constitutional monarchy provides a framework for limited monarchical power and legislative governance, the country's approach to censorship remains nuanced and evolving, influenced by historical context, social attitudes, and technological changes.
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Freedom of speech in Parliament
Freedom of speech is a principle that supports the freedom of individuals or communities to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. 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. While there is no general right to free speech in the UK, British citizens have a negative right to freedom of expression under common law. Since 1998, freedom of expression has been guaranteed according to Article 10 of the European Convention on Human Rights, as applied in British law through the Human Rights Act.
In the context of constitutional monarchy, the monarch's authority is limited, and they do not have the sole power to make decisions. The monarch's role is largely ceremonial, and they act as a symbol of national unity. While the monarch may hold formal powers such as dissolving parliament or giving royal assent to legislation, the exercise of these powers is typically restricted by constitutional principles or conventions, rather than their personal preferences.
Historically, the concept of freedom of speech in Parliament has been a delicate balance between the rights of Parliamentarians and the influence of the monarchy. In the UK, the Glorious Revolution of 1688 and subsequent legislation, such as the Bill of Rights 1689, played a crucial role in establishing and protecting freedom of speech in Parliament. The Bill of Rights asserted that freedom of speech in parliamentary debates and proceedings should not be "impeached or questioned in any court or place out of Parliament," thereby limiting royal interference.
The idea of freedom of speech in Parliament has evolved over time. Initially, there were concerns about avoiding royal displeasure, but the concept gradually shifted towards claiming privilege for the House. The earliest evidence of this shift is seen in Speaker Sir Thomas More's petition to Henry VIII in 1523. By the time of Elizabeth I, a clear claim for freedom of speech in debate was made and became regular practice by the end of the century.
Today, parliamentary privilege in the UK includes protection from defamation claims, allowing Parliamentarians to speak freely in the House without fear of legal repercussions. This privilege extends to written proceedings, such as questions, motions, and amendments to bills. However, it is important to note that the House has also taken punitive action against those who are deemed to have overstepped the boundaries of acceptable debate.
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Royal intervention in free speech
In the United Kingdom, there is no general right to free speech. However, British citizens have a negative right to freedom of expression under common law, and since 1998, freedom of expression has been guaranteed by Article 10 of the European Convention on Human Rights, as applied in British law through the Human Rights Act. While censorship laws in the UK have changed based on the stability of the monarchy and their opinions of the citizens, Britain has been one of the European countries with the least amount of censorship.
Historically, there have been instances of royal intervention in free speech. For example, during the reign of Charles II and James II, there was a possibility of direct royal intervention in debate in response to what they deemed politically unacceptable. However, this threat never materialized, and Parliament took the opportunity to assert its freedom of speech, protecting it from royal interference through statutes.
In recent times, concerns about royal intervention in free speech have resurfaced, particularly in the aftermath of Queen Elizabeth II's death. Several people expressing opposition to the monarchy were arrested, mainly for breaching the peace. One notable incident involved a 36-year-old barrister, Paul Powlesland, who was approached by police after holding up a blank piece of paper as a protest against the lack of freedom of expression. Powlesland's actions sparked discussions about the right to protest and the implications for freedom of speech in the UK.
While the police maintained that the public has the right to protest, the arrests raised questions about the boundaries of acceptable expression when it comes to anti-monarchist sentiments. Some legal professionals have expressed concern that the threat of arrest or imprisonment could deter individuals from exercising their right to free speech, even if it does not lead to a criminal conviction. These incidents highlight the delicate balance between maintaining public order and respecting the freedom of expression, especially during sensitive times of national mourning and royal transitions.
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Arrests for criticism of the monarchy
In a constitutional monarchy, the powers of the king or queen, who is the official head of state, are limited by a constitution. While constitutional monarchy restricts the power of the monarch, it does not necessarily guarantee freedom of speech for citizens, especially when it comes to criticism of the monarchy.
In the United Kingdom, for example, there is a history of censorship and limitations on free speech, particularly when it comes to insulting the monarchy. While Britain has been one of the European countries with the least amount of censorship, there has been an increasing shift towards authoritarian measures and police action since 2010. This includes the controversial Racial and Religious Hatred Act of 2006, which some critics argued could hinder freedom of speech.
In recent years, there have been several arrests made specifically for criticising the monarchy. In September 2022, following the death of Queen Elizabeth II, Symon Hill was arrested and charged under the Public Order Act for shouting "Who elected him?" during the proclamation ceremony of King Charles III in Oxford. The police later admitted that the arrest was unlawful and paid Hill compensation. Similarly, a woman was arrested and charged in Edinburgh for silently holding a sign that read "Fuck Imperialism, Abolish Monarchy". She was charged under a law criminalizing "threatening or abusive" behaviour.
These incidents have raised concerns about the right to freedom of expression and the ability to voice different opinions in public spaces. Human rights groups have been alarmed by arrests over anti-monarchy republican sentiment, seeing them as a clampdown on free speech. While some of these arrests may be unlawful, they highlight the potential for abuse of power and the suppression of dissent.
In other countries, there have also been instances of protests and criticism directed at monarchies. In Spain, for example, there has been significant criticism of the monarchy, with calls for reform and debates about the relevance of a hereditary leadership system. In Saudi Arabia, there have been protests against the royal dictatorship of the Al Saud family, with protestors chanting slogans against them and calling for the release of prisoners held without charge or trial.
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Frequently asked questions
While there is no general right to free speech in the UK, British citizens have a negative right to freedom of expression under common law. Since 1998, freedom of expression has been guaranteed by Article 10 of the European Convention on Human Rights, which has been applied in British law through the Human Rights Act.
Yes, freedom of speech can be restricted in a constitutional monarchy. For example, censorship laws in the UK have been applied to various forms of expression, including the media, cinema, literature, theatre, and criticism of the monarchy. Additionally, current laws allow for restrictions on threatening or abusive words or behaviour that are likely to cause harassment, alarm, or distress.
In the UK, there have been several instances where individuals have been arrested or charged for their speech or expression. For example, in 2021, Piers Portman, the son of the 9th Viscount Portman, was jailed for using offensive language. In another case, Darren Brady, a British army veteran, was arrested for allegedly retweeting an image of the "Progress Pride Flag" arranged into a swastika. While no further action was taken against Brady, these cases demonstrate that freedom of speech can be restricted in a constitutional monarchy like the UK.
