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 Freedom of speech is a principle that supports
the freedom of an individual or a community to
articulate their opinions and ideas without fear
of government retaliation, censorship, or
sanction.
 The term "freedom of expression" is sometimes
used synonymously but includes any act of
seeking, receiving, and imparting information or
ideas, regardless of the medium used.
 Freedom of expression is recognized as a human right under article 19 of
the Universal Declaration of Human Rights (UDHR) and recognized
in international human rights law in the International Covenant on Civil and
Political Rights (ICCPR).
 Article 19 of the UDHR states that "everyone shall have the right to freedom of
expression; this right shall include freedom to seek, receive and impart
information and ideas of all kinds, regardless of frontiers, either orally, in
writing or in print, in the form of art, or through any other media of his choice".
 The version of Article 19 in the ICCPR later amends this by stating that the
exercise of these rights carries "special duties and responsibilities" and may
"therefore be subject to certain restrictions" when necessary "[f]or respect of
the rights or reputation of others" or "[f]or the protection of national security
or of public order (order public), or of public health or morals".
 Freedom of speech and expression, therefore, may not be recognized as being
absolute, and common limitations to freedom of speech
relateoto libel, slander, obscenity, pornography, classified information, copyright
violation, trade secrets, food labeling, non-disclosure agreements, the right to
privacy, the right to be forgotten, public security, and perjury.
 Justifications for such include the harm principle, proposed by John Stuart
Mill in On Liberty, which suggests that: "the only purpose for which power can be
rightfully exercised over any member of a civilized community, against his will, is
to prevent harm to others.“
 The idea of the "offense principle" is also used in the justification of speech
limitations, describing the restriction on forms of expression deemed offensive to
society, considering factors such as extent, duration, motives of the speaker, and
ease with which it could be avoided.
 The Bill of Rights 1689 grants the parliamentary privilege for
freedom of speech and debates or proceedings
in Parliament and is still in effect.
 United Kingdom citizens have a negative right to freedom of
expression under the common law. In 1998, the United
Kingdom incorporated the EuropeanConvention, and the
guarantee of freedom of expression it contains in Article 10,
into its domestic law under the Human Rights Act.
 However, there is a broad sweep of exceptions including
threatening, abusive or insulting words or behaviour
intending or likely to cause harassment, alarm or distress or
cause a breach of the peace (which has been used to
prohibit racist speech targeted at individuals or social
groups), incitement to racial hatred, incitement to religious
hatred, incitement to terrorism, treason,
obscenity, indecency including corruption of public
morals and outraging public decency, defamation,
harassment, privileged communications, trade secrets,
classified material, copyright, patents, military conduct,
and limitations on commercial speech such as advertising.

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Freedom of expression

  • 1.
  • 2.  Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of government retaliation, censorship, or sanction.  The term "freedom of expression" is sometimes used synonymously but includes any act of seeking, receiving, and imparting information or ideas, regardless of the medium used.
  • 3.  Freedom of expression is recognized as a human right under article 19 of the Universal Declaration of Human Rights (UDHR) and recognized in international human rights law in the International Covenant on Civil and Political Rights (ICCPR).  Article 19 of the UDHR states that "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice".  The version of Article 19 in the ICCPR later amends this by stating that the exercise of these rights carries "special duties and responsibilities" and may "therefore be subject to certain restrictions" when necessary "[f]or respect of the rights or reputation of others" or "[f]or the protection of national security or of public order (order public), or of public health or morals".
  • 4.  Freedom of speech and expression, therefore, may not be recognized as being absolute, and common limitations to freedom of speech relateoto libel, slander, obscenity, pornography, classified information, copyright violation, trade secrets, food labeling, non-disclosure agreements, the right to privacy, the right to be forgotten, public security, and perjury.  Justifications for such include the harm principle, proposed by John Stuart Mill in On Liberty, which suggests that: "the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others.“  The idea of the "offense principle" is also used in the justification of speech limitations, describing the restriction on forms of expression deemed offensive to society, considering factors such as extent, duration, motives of the speaker, and ease with which it could be avoided.
  • 5.  The Bill of Rights 1689 grants the parliamentary privilege for freedom of speech and debates or proceedings in Parliament and is still in effect.  United Kingdom citizens have a negative right to freedom of expression under the common law. In 1998, the United Kingdom incorporated the EuropeanConvention, and the guarantee of freedom of expression it contains in Article 10, into its domestic law under the Human Rights Act.
  • 6.  However, there is a broad sweep of exceptions including threatening, abusive or insulting words or behaviour intending or likely to cause harassment, alarm or distress or cause a breach of the peace (which has been used to prohibit racist speech targeted at individuals or social groups), incitement to racial hatred, incitement to religious hatred, incitement to terrorism, treason, obscenity, indecency including corruption of public morals and outraging public decency, defamation, harassment, privileged communications, trade secrets, classified material, copyright, patents, military conduct, and limitations on commercial speech such as advertising.