Gozon, Cherie Ann O. PhD Media Studies Media 210 While the main premise of both libertarianism and social responsibility is freedom, but the specific context as to what kind of freedom they uphold and its underlying conditions as to the press’ content, accountability, operations, and audience response are different. Libertarianism of the press encourages a high regard for freedom of the press to the point that they publish any information – be it good or bad – and trusts the audience’s mental capacity to distinguish facts and opinions from fabricated information. (Campbel, Martin & Fabos, 2012) This theory believes that the press has the responsibility to divulge all information – no censorship, whatsoever – for public consumption. It also believes that people have the mental capacity to understand and interpret media messages. Because libertarianism strongly pushes for freedom of the press, this theory makes accountability and ethics optional.
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.
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.
1.0 INTRODUCTION In the Universal Declaration of Human Rights (UDHR), freedom of speech falls under the Article 19 which is the freedom of opinion and expression. It protects one’s freedom ‘to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers’ (The United Nations, 1948). Article 19(2) of the International Covenant on Civil and Political Rights (ICCPR) adds that the freedom of expression could be ‘either orally, in writing or in print, in the form of art, or through any other media of his choice’. Besides being an individual’s fundamental liberty of expression, Santa Clara University School of Law Professor Russell W. Galloway (1991) states that free speech is the ‘matrix of all other freedoms’. Galloway explains that free speech is the underlying foundation of a democratic government and allows discussions on important issues and provides access to information which develops an informed society and encourages the prevailing of truth.
Hence, preventing dictatorship. Freedom of speech should be made absolute to allow citizens to exchange views and information, to protest against injustice, to influence the public discourse, and to criticize the actions of the government. Therefore, restrictions on free speech cause harm to democratic life and stands in contradiction to the fundamental principles of
Sabine Comploi 15710649 Freedom of Expression As for now, a society with limitless freedom of speech has yet to exist. There is no such thing as complete free speech, it is always carefully balanced with other political values. While free speech is a human right, guaranteed in Article 19 of the Universal Declaration Of Human Rights, International Law accepts restrictions on free speech to protect the rights or reputations of others, national security, public order, public health and morals (Lawson and Bertucci, 1996, p.815). In line with this, the Irish Constitution States that 'You have the right to freely express convictions and opinions. However, the Constitution asserts that the state should try to make sure that the radio, the press and the cinema are not used to undermine public order, morality or the authority of the state.
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. Article 19 of UNDR (Universal Declaration of Human Rights) states that: “Everyone has the right to freedom opinion and expression; this right includes freedom to hold opinions without interference (opposition or intervention) and to seek, receive and impart information and ideas through any media and regardless of frontiers”. (boundaries) So, the right of free speech and expression is recognized and protected by the constitution of every state as it is regarded as a pre-requisite (essential, requirement) for smooth and proper functioning of democracy. Freedom of speech is something that is authorized (enpowered, permitted) to every
For better or worse, we are inextricably linked to the media. We are now living a media culture and its influence is becoming very pervasive (Mohd Hamdan Adnan 2003) There is one law in Malaysia that protects media freedom, Article 10 of the Constitution. It also notes that there are limits to this freedom, and these limits are, generally, defined by the Government. Media freedom is defined the freedom of communicating and expressing through media including various electronic media and published materials. Freedom of the press is essential to democracy, but like other freedoms, it may also complicate the governing process.
Freedom to express one’s view is the way of preserving the democracy and if any measure would be taken to restrain, perish this act would simply mean to devalue democracy and to endorse authoritarianism or dictatorship. The modern communication mediums elevate public interest by informing them about the affairs and the advancement that has taken part in the nation. The next question arises that till what extents can the government have control over the freedom of speech and
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.