1.
The history of the right of freedom of expression
The history of freedom of expression can be traced back to ancient Greece, where free speech was
considered a cornerstone of democracy.
However, the right to free speech has not always been respected throughout history. In many
countries, governments have imposed censorship and other restrictions on the press and on
individuals' ability to express themselves. In some cases, governments have used laws and
regulations to punish those who express critical opinions. When America was a British colony, it
was a crime to criticize the government, and truth was no defense.
The concept of free speech was later developed during the Enlightenment period in Europe, when
philosophers and intellectuals argued for the importance of free expression as a means of advancing
knowledge and promoting individual liberty.
The idea of free speech was enshrined for the first time in the United States Constitution in the
First Amendment in 1791 which states that freedom of speech and press, as well as the right of
citizens to peacefully assemble (asembel), cannot be restricted.
Another groundbreaking document was the Universal Declaration of Human Rights, adopted by
the United Nations in 1948. This document recognizes freedom of expression as a fundamental
human right. Article 19 of the Declaration states that "everyone has the right to freedom of opinion
and expression.
In the following years, many documents defending freedom of expression were created in the world,
the most important in Europe is the European Convention on Human Rights which is a key
instrument for protecting human rights across the continent.
2. The role of international law in protecting right of expression
Today, International law plays a crucial role in protecting freedom of expression. This right is
enshrined in several international legal instruments, including the Universal Declaration of Human
Rights, the International Covenant on Civil and Political Rights, and the European Convention on
Human Rights. These documents provide a legal framework for protecting this fundamental right,
set some limitations on in and also set standards for the protection of the right.
International law also provides mechanisms for individuals and groups to seek justice and
accountability for human rights violations. For example, individuals can bring complaints before
international human rights bodies. In Europe it is the European Court of Human Rights and in the
Americas it is the Inter-American Commission on Human Rights, if these bodies believe that some
rights have been violated by some country or a state, they can issue decisions and recommendations
that can hold countires accountable for their actions.
Today, freedom of expression remains a contentious issue in many parts of the world. While some
countries have enshrined for example the right to free speech in their constitutions and legal
systems, others countries continue to impose restrictions on free expression.
3. Examples of human rights violations related to freedom of expression
Now I would like to present some examples of freedom of expression violations:
BRASIL
The first example is related to Brasil, because there is a huge problem with freedom of expression.
In this country between 2012 and 2015 noticed that 121 communicators were victims of murder,
attempted murder, death threats, or kidnapping. When I talk about communicators I mean
journalists, broadcasters, bloggers or communication platform owner. The main theme of the
communicators in Brazil was a corruption, which is a huge problem in this country, even the
President himself is accused of corruption. These communicators have been victims of violations
of freedom of expression because they expressed criticisms and opinions, or investigated
information of public interest, such as corruption. It is worth pointing out that an attack against a
communicator is not only an attack on the individual right of that person but also, an attack on
society’s collective right to access information.
SINGAPORE
The second example is Singapore, because freedom of speech isn’t a thing in this country. There is
also a huge censorship. Practically everything on social media is controlled and possibly corrected
by the government. The parliament passed a law requiring online media platforms to carry
corrections or remove some content which the government considers to be false. Technology giants
including Google and Facebook have said the law gives the Singaporean government too much
power in deciding what qualifies as true or false.
POLAND
These two cases referred to countries outside Europe. The last example of violation of the right of
freedom of expression will refer to Poland, a country that is a member of European Union.
There, the freedom of expression has been violated very often in recent years. I would like to focus
on the 2020, when the most common examples of violations of this right were removing specific
exhibitions in museums, and also the suppression of street strikes, and the arrest of people who took
part in specific strikes. These examples were related with the restrictions of abortion law in Poland.
I would like to quickly describe the situation…..
In October 2020, in Poland the Constitutional Court tightened abortion laws, allowing abortions in
only two cases: abortion is allowed if the pregnancy is a threat to the life or health of the pregnant
woman, or if the woman became pregnant as a result of rape. The possibility of performing an
abortion in the case of fetal defects was removed and is recognized as illegal by the polish law to
this day.
These restrictions caused a lot of opposition in Polish society, they were also noticed in foreign
media. In Poland, a huge number of strikes broke out, opposing this decision. But many of these
strikes were suppressed by the Polish authorities. Many people, who were taking part in the strikes
and especially those who were influential in this matter, were arrested by the police.
Also artists spoke out in opposition to the government's actions. They created many exhibitions that
opposed the restrictions of the abortion law in Poland. Some of the museum displays included some
items and banners that had been used on strikes and which were created by the protesters.
Unfortunately, many of this exhibitions have been taken down under the pretext of violating
religious or family values in Poland.
Conclusion:
Freedom of expression is a fundamental human right that is essential for the functioning of a
democratic society. It allows individuals to express their opinions, ideas, and beliefs freely, without
fear of censorship, persecution, or discrimination. However, this freedom is not absolute and must
be balanced against other important rights and interests, such as public safety, national security, and
protection of individual rights.
In some cases, limitations on freedom of expression may be necessary, such as in cases of hate
speech, incitement to violence, or dissemination of false information that could harm individuals or
society. However, any restrictions on freedom of expression should be narrowly tailored and
proportionate to the harm that they seek to prevent, and should not be used to stifle legitimate dissent
or criticism. Overall, freedom of expression is a vital component of a healthy and vibrant society,
and it is essential that it be protected and promoted, while also recognizing the need for reasonable
limitations in certain circumstances.