It is, therefore, a basic right. The freedom of speech and expression is regarded as the first condition of liberty. It occupies and preferred an important position in the hierarchy of the liberty. Freedom of speech and expression means the right to express one’s own convictions and opinions freely by words of mouth, writing, printing, pictures or any other mode. It thus includes the expression of one’s ideas through any communicable medium or visible representation, such as, gesture, sighs and the like.1 In modern time it is widely accepted that the right to freedom of speech is the essence of free society and it must be safeguarded at all time.
This freedom is essential for the proper functioning of the democratic process. The freedom of speech and expression is regarded as the first condition of liberty. It occupies a preferred position in the hierarchy of liberties giving support and protection to all other liberties. It has been truly said that it is the mother of all other liberties.6 In a democracy, freedom of speech and expression open up channels of free discussion of issues. Freedom of speech plays a crucial role in the formation of public opinion on social, political and economic matters.
In 1988, the Human Rights Act was passed. It protects all of us, young and old, rich and poor. In the Human Rights Act it protects the right to liberty and freedom. In this it says, ”You have the right to be free and the State can only imprison you with very good reason, such as a crime.” Therefore freedom is designated and recognized around the world as a human right. In the Declaration of Independence it gives the well-known phrase, “Life, Liberty and the pursuit of Happiness.” The phrase gives a couple of examples of the “unalienable rights” which the Declaration says have been given to all human beings by their Creator, and which governments are created to protect.
However, if seen in a broader perspective these rights extend to the freedom of speech, access to press and media, the freedom to choose a way of living i.e. a religion, access to adequate information, education, freedom to hold and become a part of gatherings and a right (under certain conditions) to carry a weapon for safeguard purposes as and when required. Each individual also wishes to enjoy the freedom of expression (i.e. speech, thought, emotions) and is allowed to convey those in a respectable manner without hurting the emotions and feelings of others. The idea of human rights is very simple yet it is powerful: that people have every right to be treated with respect.
It is an established fact that the Constitution of India guarantees most vital and vivacious rights to its citizens. These rights also include certain fundamental freedoms. Expression is a matter of liberty and right. The liberty of thought and right to know are the sources of expression. Free Speech is conscious cord of the democracy.
It reinforces all other human rights, allowing society to develop and progress. The ability to express our opinion and speak freely is essential to bring about change in society. As once said by John F. Kennedy, “My fellow citizens of the world: Ask not what America will do for you- but we together we can do for the freedom of man.” Therefore, freedom is significantly important it stands for something greater than just the right to act however, it also represents for securing to everyone an equal opportunity for life, liberty, and the pursuit of
Shared responsibility For starters, freedom of speech gives a person a certain level of responsibility, enhanced trust, frankness, and better sense of liability. In addition, free speech acts a tool in nurturing social evolution. Nevertheless, in order to ensure that we all enjoy freedom of speech, the government must put measures into place to stop groups that promote offensive views, such as racism, fascism, sexism and terrorism. 2. Enhances self-esteem Another reason why the government should encourage freedom of speech is to help people develop poise to express their views without fear of being condemned or punished.
Should there be limits on freedom of speech? What is meant by freedom of speech? It is the power or right of an individual or community to express one’s opinions and ideas without any fear of retaliation(revenge), censorship (control or suppressing the behavior of others, usually on moral grounds) or sanction (ban, restriction). The term freedom of expression is sometimes used synonymously (closely associated), but includes any act of seeking, receiving and imparting (conveying) information or ideas regardless of the medium used. Right of free speech in international law: Freedom of speech is cherished (highly valued, honoured) as a fundamental right in modern world and this valuable right in modern world and this valuable right is universally acknowledged (recognized or accepted especially in legal form) and protected as well.
2. Constitutional Guarantee as to Freedom of Speech/Expression i. The Constitution of Pakistan upholds the fundamentals for a vibrant democracy and guarantees freedom of expression and the basic premise for media freedom. It is pleasantly surprising that the Constitution of Pakistan also provides Freedom of Speech/Expression under Article 19 as provided in the UDHR under its Article 19 which reads as follows: “Article: 19 Freedom of speech, etc. Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, [commission of] or incitement to an offence.” “ [Article: 19-A.
According to article 10 (1) (a) every citizen is entitled to freedom of speech and expression. Freedom of speech is limited to words that are not to be defamatory, words are not to be seditious, words that do not resemble a court or a violation of a right of priority of Parliament and State Legislatures. The demonstration turned into a medium to express their will for freedom of expression. Demonstration by Kamus Dewan Bahasa dan Pustaka Fourth Edition is defined into two purposes. The first definition refers to the explanation or demonstration of the method or way things work.