Free speech is the right to express opinions without censorship or restraint. It supports the freedom of an individual or a community to articulate their thoughts and ideas without fear of retaliation, censorship, or legal sanction. It is a fundamental human right that supports other rights.
According to one authority, freedom of speech is the right to seek, receive and impart information and ideas.
Freedom of speech is the main stay of democracy. It enables individuals to access information and stands as a watch dog over those in power. It promotes progress and innovation in society by allowing the free flow of ideas. And it enables the peaceful expression of dissent, acting as a “pressure valve” to prevent unrest and disorder.
A Universal Right
Freedom of expression is recognized as a universal human right by the Universal Declaration of Human Rights (UDHR) which was proclaimed by the United Nations General Assembly on 10 December 1948. The right is also recognised by the African Charter on Human and Peoples’ Rights (1981).
International, regional and national standards recognize that freedom of speech includes any medium, whether orally, in writing, in print, through the internet or art forms. It protects both the content and the means of expression.
[Article 19 UDHR: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.]
[Article 9 ACHPR: (1) Every individual shall have the right to receive information. (2) Every individual shall have the right to express and disseminate his opinions within the law.]
The Value of Free Speech
Freedom of speech supports democracy and political accountability.
Citizen engagement: Free speech allows people to voice their opinions, engage in meaningful discussions, and hold governments accountable for their actions.
Public information: The free exchange of ideas enables the public to stay informed and helps reveal solutions to problems that might otherwise remain hidden.
Freedom of speech drives social and scientific progress.
Innovation: The ability to express diverse ideas and perspectives acts as a catalyst for innovation and enables advancements in many fields.
Evolution: Freedom of speech allows thoughts and ideas to evolve, thus contributing to the progressive development of society.
In addition, freedom of speech underpins other human rights such as the right to access justice and information. It also acts as a safety valve for society by allowing the expression of disagreement with authority. This provides an alternative to destructive forms of protest.
Limitations on freedom of speech
It is generally accepted that some limitations on freedom of speech are justified. These include laws against libel and slander, obscenity, the use of “fighting words”, and the protection of intellectual property.
In some countries apostacy and blasphemy are outlawed though the use of the law for these purposes is questionable.
By Godfrey Selbar