Isabella Carter
Freedom of speech is a concept that refers to the inherent human right to express one's opinions and ideas publicly without fear of censorship or punishment. While international law protects free speech as a fundamental principle, countries may impose limitations on this right for various reasons, such as national security or to prevent hate speech. Some countries that guarantee freedom of speech in their constitutions include the United States, Sweden, India, Bangladesh, North Korea, South Korea, and China, although the level of restriction and censorship varies greatly between them.
| Characteristics | Values |
|---|---|
| Countries with freedom of speech guaranteed in the constitution | Bangladesh, China, India, North Korea, South Korea, United States |
| Countries with freedom of speech recognised as a constitutional or fundamental right | Sweden, Germany, Israel, France, Netherlands, Canada, Indonesia |
| Limitations on freedom of speech | Libel, slander, incitement, copyright violation, trade secrets, perjury, national security, territorial integrity, public safety, health, morals, integrity of public service, a person's dignity, good name, religious feelings |
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What You'll Learn
Scandinavian countries, including Norway
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, the degree to which this right is upheld in practice varies greatly from one nation to another.
Norway ranks highly on indices measuring press freedom and free speech, outperforming countries like the United States. In the 2014 World Press Freedom Index, Norway ranked 3rd out of 180 countries, while the US ranked 46th. On Freedom House, Norway scored a 10, compared to the US's score of 17 (where lower scores indicate greater freedom).
Other countries that guarantee freedom of speech in their constitutions include India, Bangladesh, and South Korea. However, these countries also impose significant restrictions on free speech in practice. For example, while Indian citizens can theoretically criticise the government and politicians, there have been numerous arrests for doing so. Similarly, South Korea's National Security Law punishes speech or behaviour favourable to North Korea or communism, and the country enforces strict election laws that restrict speech about political candidates or parties.
While some nations uphold freedom of speech, others face challenges in protecting this right. Authoritarian, totalitarian, communist, fascist, and dictatorial governments often enforce overt censorship. Even in countries with strong free speech protections, like the United States, there are ongoing debates about drawing the line between free expression and offensive, threatening, or harmful content, especially in the context of social media.
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Germany, France, and Sweden
Germany
Article 5 of the German Basic Law, the country's constitution, guarantees freedom of speech and freedom of the press, among other communication rights. These rights are not exclusive to German citizens but are applicable to "every person". German citizens also have the right to freedom of assembly, freedom of association, and the privacy of correspondence, posts, and telecommunications.
However, these rights are not absolute and are limited by provisions of general laws, provisions for the protection of young persons, and the right to personal honour. For example, the German Constitution does not protect abusive criticism, defined as statements that are not primarily made to debate a topic but to defame a person.
France
Freedom of speech is considered an "essential freedom" in France and is protected by the 1789 Declaration of Human and Civic Rights, which is incorporated by reference into the French Constitution. It is also protected by the European Convention on Human Rights, to which France is a party.
However, French law does not consider free speech to be an absolute right. French legislators and courts seek to balance freedom of speech with other imperatives, such as public order and the protection of privacy, the presumption of innocence, and the prevention of defamation and insults. French law prohibits hate speech, Holocaust denial, and defamation against government institutions and office-holders.
Sweden
In Sweden, freedom of expression, freedom of information, freedom to demonstrate, and freedom of assembly are central rights protected by the Constitution. The Constitution also protects the individual's right to freedom of religion.
However, these rights are not absolute and can be restricted if necessary for certain purposes specifically set out in the Constitution. For example, freedom of expression does not extend to slander or committing an act involving threats or agitation against a national or ethnic group.
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South Africa
Freedom of speech is considered a human right by the United Nations Universal Declaration of Human Rights and is formally recognised by most nations. However, the degree to which this right is upheld varies significantly from country to country.
The Bill of Rights states that everyone has the right to freedom of expression, which includes advocacy of hatred based on race, ethnicity, gender, or religion that constitutes incitement to cause harm. Additionally, every South African citizen has the right to assemble, demonstrate, picket, and present petitions peacefully and unarmed. They also have the freedom of association and the right to make political choices.
However, it's important to note that the rights in the Bill of Rights are subject to limitations outlined in Section 36 or other provisions of the Constitution. These limitations aim to maintain an open and democratic society based on human dignity, equality, and freedom. For example, South Africa's National Security Laws may restrict certain behaviours or speeches favouring the North Korean regime or communism.
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The Netherlands
Freedom of expression is one of the foundations of Dutch society, which is characterised by pluralism, tolerance, and open-mindedness. It protects natural and legal persons, encompassing the freedom to hold opinions, receive information and ideas, and impart information and ideas. Every type of expression from any individual, group, or type of media is included in the scope of protection, regardless of its content.
However, if an expression negates the fundamental values of the ECHR, such as Holocaust denial or hate speech, it is excluded from protection. The Dutch Criminal Code contains several provisions that limit freedom of expression, including defamation, slander, insult, and the prohibition against incitement to religious hatred and discrimination.
Article 10 of the ECHR provides that any limitation of freedom of expression must be prescribed by law and must be "necessary in a democratic society". The ECtHR has stated that the protection of Article 10 is "applicable not only to 'information' or 'ideas' that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb the State or any sector of the population".
In a widely reported case against the politician Geert Wilders, the Hague Court of First Instance held that "even a democratically elected representative...is not above the law... [and] freedom of expression is limited" when it comes to statements that constitute a criminal offence, such as hate speech.
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United States
The United States considers freedom of speech to be a fundamental right, protected from government restrictions by the First Amendment to the U.S. Constitution, which states: "Congress shall make no law...abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." This right is also enshrined in many state constitutions and state and federal laws.
The concept of freedom of speech is generally understood to include other forms of expression beyond just public speaking, such as written communication, social media posts, art, and personal actions like political protests. In the U.S., freedom of speech includes the right to engage in symbolic speech, to use offensive language to convey political messages, to advertise commercial products and services (with some restrictions), and the right to not speak, for example, by not saluting the flag.
While Americans are among the world's most supportive citizens when it comes to free speech, even if it criticises the government or supports an unpopular opinion, a 2019 Pew Research study found that only 73% of respondents in the U.S. felt that free speech was properly protected, ranking below countries like Canada, the Netherlands, and Indonesia. This discrepancy highlights that while freedom of speech is a fundamental principle in the U.S., it is not absolute and is subject to certain restrictions.
These restrictions can be in the form of time, place, and manner limitations, which are enforced under the U.S. Constitution and Supreme Court. For example, a person may be restricted from protesting loudly in front of someone's house in the middle of the night or sitting in a busy intersection during rush hour, as these actions would cause problems for other people. Additionally, free speech zones, which are designated areas for public speaking, have been controversial, with some arguing that they are a form of censorship and public relations management.
The U.S. Supreme Court has also recognised that certain categories of speech are given lesser or no protection by the First Amendment, such as libel, slander, incitement, copyright violation, trade secrets, and perjury. The line between free expression and offensive, threatening, or harmful content is a subject of ongoing debate, especially in the context of social media, where freedom of speech can enable the spread of misinformation, bullying, and hate speech.
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Frequently asked questions
The United States, Sweden, Japan, Denmark, Finland, France, Faroe Islands, Australia, and South Africa are some countries that have freedom of speech guaranteed in their constitution.
North Korea, Burma, Turkmenistan, Equatorial Guinea, Libya, Eritrea, Cuba, Uzbekistan, Syria, and Belarus are some of the most censored countries in the world.
According to a 2015 survey by the Pew Research Center, the United States is the most supportive of freedom of speech, followed by Poland, Spain, and the United Kingdom.
