Simone Lawson
Freedom of speech is a fundamental principle in many countries and is often protected by their constitutions. The interpretation of freedom of speech varies from country to country, and while some nations uphold it as a basic human right, others impose restrictions or even outright suppress it. Countries with freedom of speech enshrined in their constitutions include the United States, Japan, Sweden, Denmark, Finland, France, Faroe Islands, Australia, and South Africa.
| Characteristics | Values |
|---|---|
| Countries with freedom of speech in their constitution | United States, Denmark, Finland, France, Faroe Islands, Poland, Spain, United Kingdom, Australia, Canada, Indonesia, Netherlands, Senegal, North Korea |
| Countries with low tolerance of freedom of expression | Jordan, Pakistan, Ukraine, Vietnam, Lebanon, Japan |
| Countries with freedom of speech but with restrictions | Australia, Canada, Indonesia, Netherlands |
| Countries with freedom of speech but with limitations | Czech Republic |
| Most censored nations | North Korea, Burma, Turkmenistan, Equatorial Guinea, Libya, Eritrea, Cuba, Uzbekistan, Syria, Belarus |
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What You'll Learn
Countries with freedom of speech in their constitution
While almost every country's constitution refers to the value of "free speech", some nations protect free speech, some deprioritize it, and some outright suppress it. The right to freedom of expression is enshrined in Article 19 of the United Nations Universal Declaration of Human Rights, which sets out the human rights that each of us has.
The United States is an example of a country where freedom of speech is protected by its constitution. 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, to use certain offensive words and phrases to convey political messages, to advertise commercial products and professional services (with some restrictions), and the right not to speak if one so desires. However, there are restrictions to freedom of speech in the U.S., including libel, slander, incitement, copyright violation, trade secrets, and perjury.
Denmark is another country that grants freedom of speech in its constitution. §77 of the Danish Constitution states: "Any person shall be at liberty to publish their ideas in print, in writing, and in speech, subject to their being held responsible in a court of law. Censorship and other preventive measures shall never again be introduced." However, the constitution only protects against censure, so there are some laws where one can be prosecuted for what they say. For example, hate speech is illegal according to the Danish Penal Code §266(b).
Although North Korea is generally regarded as one of the most censored countries globally, freedom of speech is theoretically guaranteed in Article 67 of its constitution, which states: "Citizens are guaranteed freedom of speech, of the press, of assembly, demonstration, and association."
Australia is another example of a country that guarantees freedom of speech in its constitution. In 1992, the High Court of Australia judged in the case of Australian Capital Television Pty Ltd v Commonwealth that the Australian Constitution, by providing for a system of representative and responsible government, implied the protection of political communication as an essential element of that system. However, this freedom of political communication only protects against government prosecution and does not act as a shield against private prosecution (civil law).
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Countries with limited freedom of speech
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 across nations. Some countries protect free speech, some deprioritize it, and some outright suppress it.
North Korea
North Korea is widely regarded as one of the most censored countries in the world. While Article 67 of the Constitution of North Korea guarantees freedom of speech, press, assembly, demonstration, and association, in reality, North Koreans experience an extreme information blackout. All radio and television receivers in the country are locked to government-specified frequencies, and there are no independent journalists.
Burma, Vietnam, and Cambodia
ASEAN countries vary drastically in terms of freedom of speech. Burma, Vietnam, and Cambodia are known for using brutal force to crack down on bloggers.
Thailand
Thailand applies the law of lèse-majesté, which forbids any criticism or threat to the monarch or the throne.
Singapore and Malaysia
Singapore and Malaysia use libel and internal security laws to limit freedom of speech. In Malaysia, Section 233 of the Communications and Multimedia Act 1998 allows the authorities to prosecute users of media for their publications.
China
Amnesty International reports that freedom of expression is significantly limited in China, which is the world's leading jailer of journalists, with 24 independent reporters behind bars.
South Korea
The South Korean constitution guarantees freedom of speech, press, petition, and assembly for its nationals. However, behaviours or speeches in favour of the North Korean regime or communism can be punished by the National Security Law. There is also a strict election law that prohibits most speech that either supports or criticizes a particular candidate or party.
Cuba
The Cuban constitution grants the Communist Party the right to control the press and recognizes "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. Cuba is the world's second-leading jailer of journalists, with 24 independent reporters in prison.
Turkmenistan
Turkmenistan is another highly censored country, where the state owns all domestic media and the administration controls them by appointing editors and censoring content. The state also closed all libraries except for one that houses the president's books and banned the importation of foreign publications.
Equatorial Guinea, Libya, Eritrea, Uzbekistan, Syria, and Belarus
These countries are also among the most censored in the world, with citizens virtually isolated by authoritarian rulers who view open access to information as a threat to their rule. The media is either state-controlled or silenced, and the internet is heavily filtered and censored.
Australia
While Australia's Constitution protects political communication as an essential element of a representative and responsible government, this freedom is not as broad as in other countries and only protects against government prosecution, not private prosecution. Several laws criminalize forms of speech that would be protected in other countries.
The United Kingdom
The UK does not have a written constitution, so its speech protections are only by statute, meaning they can be changed by parliament with a simple majority vote. These protections are also more limited than those in the US, and people have been arrested and jailed or fined for posting "offensive" words on social media.
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Countries with freedom of speech in practice
While freedom of speech is a right preserved in the United Nations Universal Declaration of Human Rights, and many countries' constitutions refer to the value of 'free speech', some countries protect it, some deprioritise it, and some outright suppress it.
United States of America
The United States of America has the highest score for freedom of speech in a survey of 38 countries by the Pew Research Center. The First Amendment of the US Constitution protects the right to free speech, and historically, the country has respected these freedoms, which were among the principles it was founded upon. Americans are more tolerant of free speech than other nationalities, even if it criticises the government or supports an unpopular opinion. However, only 73% of respondents in the United States felt that free speech was properly protected, according to a 2019 Pew Research study.
Canada
Canada scored 79% in the 2019 Pew Research study, with 79% of respondents feeling that free speech was protected.
Indonesia
Indonesia scored the highest in the 2019 Pew Research study, with 86% of respondents feeling that free speech was protected.
Netherlands
The Netherlands scored 84% in the 2019 Pew Research study. However, when adopting the United Nations Universal Declaration of Human Rights, the country insisted on reservations to Article 19, which protects freedom of speech, insofar as it might be held to affect their systems of regulating and licensing broadcasting.
Japan
Freedom of speech is guaranteed by Chapter III, Article 21 of the Japanese constitution. There are few exemptions to this right, and a very broad spectrum of opinion is tolerated by the media and authorities.
South Korea
South Korea has developed freedom of speech alongside other democratic reforms. Initially, it was an authoritarian state with restricted freedom of speech. However, after the consolidation of democracy in the late 1980s and early 1990s, South Koreans began to enjoy freedom of speech.
Senegal
Senegal has the most decisive freedom of expression of all African countries. It has many associations active in human rights and freedom of expression, as well as freedom to practice or not practice a religion.
Countries with limited freedom of speech
Several Asian countries provide formal legal guarantees of freedom of speech to their citizens, but these are not implemented in practice. Barriers to freedom of speech vary drastically between ASEAN countries. These include the use of brutal force against bloggers in Burma, Vietnam and Cambodia, the application of the law on lèse majesté in Thailand, and the use of libel and internal security laws in Singapore and Malaysia.
According to Amnesty International, freedom of expression is significantly limited in China and North Korea. Other highly censored nations include Burma, Turkmenistan, Equatorial Guinea, Libya, Eritrea, Cuba, Uzbekistan, Syria, and Belarus. Citizens of these countries are often isolated by authoritarian rulers who see open access to information as a threat to their rule. The media is either state-controlled or silenced, and the internet is heavily filtered and censored.
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Countries with freedom of speech in theory
While many nations acknowledge freedom of speech as a fundamental right, some countries protect free speech, some deprioritize it, and some outright suppress it. Most countries' constitutions refer to the value of free speech, but the extent of its protection varies.
United States
The United States is known for its strong protection of freedom of speech, which is guaranteed by the First Amendment to the U.S. Constitution. This freedom includes the right to engage in symbolic speech, to use certain offensive words and phrases to convey political messages, and to advertise commercial products and professional services. Americans are relatively more tolerant of offensive speech compared to people in other nations. However, there are still restrictions on speech that incites violence, child pornography, libel, slander, copyright violation, etc. Despite strong legal protections, some critics argue that the U.S. falls short in effectively protecting freedom of speech in practice, citing cases such as those of Daniel Hale, John Kiriakou, Edward Snowden, and Julian Assange.
European Countries
Denmark guarantees freedom of speech in its Constitution (Grundloven), which states that any person shall be at liberty to publish their ideas in print, writing, and speech, subject to being held responsible in a court of law. However, the Constitution only protects against censorship, and there are laws that allow prosecution for certain types of speech, such as hate speech. Similarly, the Czech Republic generally supports freedom of speech but has limitations aimed at protecting the rights of individuals or minority groups.
Australia
In Australia, freedom of speech is implied in the Constitution through the protection of political communication as an essential element of a representative and responsible government. However, this freedom is limited to political free speech and does not extend to all forms of expression. Several laws criminalize forms of speech that would be protected in other countries.
North Korea
North Korea's Constitution theoretically guarantees freedom of speech, press, assembly, demonstration, and association in Article 67. However, in practice, North Korea is considered one of the most censored countries globally, with heavy restrictions on media and internet access.
Other Countries
While not all countries explicitly mention "freedom of speech" in their constitutions, many support freedom of expression as a fundamental principle. For example, Senegal is known for its decisive freedom of expression among African countries, with active associations advocating for human rights and freedom of expression.
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Countries with freedom of speech but censorship
While many nations acknowledge freedom of speech as a fundamental right, allowing their citizens to voice their opinions and ideas freely, some countries have more restrictions than others.
The United States, for example, is known for its strong tradition of free speech, protected by the First Amendment to the U.S. Constitution. However, there are still certain limitations and restrictions on this right, including libel, slander, incitement, copyright violation, trade secrets, and perjury. Additionally, free speech zones have been criticised as a form of censorship and public relations management, designed to segregate speakers based on the content of their message.
Denmark also guarantees freedom of speech in its constitution, with § 77 stating that any person has the liberty to publish their ideas in print, writing, and speech, subject to their accountability in a court of law. However, hate speech is illegal in Denmark, and individuals can be prosecuted and punished for making statements that threaten, insult, or degrade others based on race, national or ethnic origin, or belief.
The Netherlands, too, provides for freedom of speech in Article 7 of its constitution, allowing individuals to make public their ideas and feelings by printing them without prior censorship. Nevertheless, the constitution also allows for censorship in the case of broadcasts intended for younger audiences and exempts commercial advertising from the freedoms granted.
Russia's Constitution also expressly prohibits censorship in Chapter 2, Article 29. However, in practice, the Russian government has been known to exert control over the press and civil society through selective implementation of laws, restrictions, and censure. Self-censorship by journalists is common due to government application of law, bureaucratic regulation, and politically motivated investigations.
In some countries, censorship and restrictions on freedom of speech are more overt and stringent. For example, in Cuba, the constitution grants the Communist Party control over 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, restricts internet access, and journalists face harassment, detention, and the threat of prosecution or jail. Similarly, in Equatorial Guinea, all broadcast media is state-owned, and private newspapers rarely publish due to financial and political pressure.
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Frequently asked questions
Many countries have freedom of speech in their constitution, including the United States, Japan, Sweden, Denmark, Finland, France, Faroe Islands, Poland, Spain, the United Kingdom, Canada, Indonesia, Australia, and South Africa.
The most censored countries globally include North Korea, Burma, Turkmenistan, Equatorial Guinea, Libya, Eritrea, Cuba, Uzbekistan, Syria, and Belarus.
Some countries have freedom of speech in their constitution but with limitations. For example, Japan's constitution protects freedom of speech, but interrupting a political campaign speech is prohibited by Japan's Public Office Election Act. Similarly, Sweden has a long history of advancing freedom of speech, but defamation is criminalized.
Some countries that have freedom of speech in their constitution are restrictive in practice. For example, Malaysia can prosecute users of media for their publications under Section 233 of the Communications and Multimedia Act 1998. While North Korea guarantees freedom of speech in Article 67 of its constitution, it is considered one of the most censored countries.
