Introduction
Freedom of expression is a rather comprehensive and extremely important topic today. This principle belongs to the fundamental human rights that underpin democratic societies worldwide (Khan, 2021). On a closer look, it includes the freedom to express one’s own opinions and ideas without fear of censorship and repression, i.e., obstruction by the government or other organizations. Moreover, this possibility is enshrined in various international human rights mechanisms, including the Universal Declaration and the International Covenant on Civil and Political Rights (Khan, 2021). It is also a cornerstone of ensuring the free flow of information and stimulating public debate in democratic societies.
In addition, the concept should also help to hold those in power accountable when necessary. It allows people to participate fully in public life, express dissent, become agents of change, and spread their influence in the global marketplace of ideas (Leclerc, 2023). Accordingly, without robust protection of freedom of expression, the democratic principles of pluralism, diversity, and tolerance cannot flourish. The preservation of this right is of utmost importance in today’s globalized, dynamic world, protecting individual freedoms and promoting collective well-being.
Historical Background
The recognition of freedom of expression has evolved over the centuries, shaped by events and struggles for political equality. Philosophical debates and milestones have contributed to the gradual recognition of this right, laying the groundwork for its codification in international law and national constitutions. For example, one of the earliest recorded instances of commitment to and defense of the concept dates back to ancient Greece, where democratic principles were created and developed in city-states such as Athens (Sorabji, 2021). Thinkers defended the importance of free speech even in the face of persecution, asserting that open dialogue and debate are essential to the search for truth and the development of society.
In a much later period, the Great Charter of Liberties sought to limit the power of monarchs. Adopted in 1215, the document, first and foremost, undoubtedly focused on challenging the excessive powers of the ruler, but it also laid the basis for the subsequent development of individual rights (Sorabji, 2021). With no explicit mention of expression, the emphasis on the rule of law and on restrictions on superiors sets a precedent for challenging repression.
The Age of Enlightenment also witnessed a surge of philosophical inquiry and political activism that promoted the manifestation of liberal ideals. The works of John Locke and Voltaire emphasized freedom of speech as a natural right, necessarily inherent to all people and vital to the functioning of a democratic society (Steel & Petley, 2023). Subsequently, the American Revolution and the creation of the Constitution, especially the First Amendment of 1791, as part of the Bill of Rights, enshrined, among other things, freedom of speech and expression (Sorabji, 2021). This manifestation became even stronger after World War II, when signs of totalitarianism horrified society, and human rights and individual freedom were given extreme priority.
It strengthened the number of existing relevant documents that regulate and emphasize the concept under discussion. The 1948 Universal Declaration of Human Rights, adopted by the UN General Assembly, acknowledged the right of every person to hold their own beliefs without interference and to receive information by any means, regardless of state borders (Khan, 2021). Subsequent treaties included the International Covenant on Civil and Political Rights, which further elaborated on the protection of freedom of expression by defining the obligations of state parties to respect this manifestation. In terms of more detailed applications, all developed and most developing countries have incorporated similar safeguards into their legal frameworks and constitutions.
Limitations on Freedom of Expression
However, while the concept is an inalienable human right, it should not be interpreted as absolute. Balancing individual freedoms in society requires certain limitations to prevent harm or disruption. Thus, understanding the framework complements the idea of expression most decisively and provides a detailed approach to maintaining the required level of freedom in democratic societies.
Among the types of speech not protected are libel, obscenity, hate speech, or incitement. The first is a false statement that can damage the reputation of individuals or legal entities and give rise to legal action. It should be noted, however, that this refers specifically to the deliberate spreading of lies and is complicated by the determination of the level of fairness of the comment.
Speech or expression that may be perceived as vulgar or offensive under prevailing social standards should also be restricted, especially in public places or the media. This type of speech varies enormously from culture to culture and is the most subjective, often including an assessment of potential harm to vulnerable audiences, such as minors. Hate speech is more visible and naturally includes speech that provokes discrimination or hostility on racial, religious, or gender grounds (Leclerc, 2023). It is extremely dangerous to the target groups and violates the principle of social coexistence, thereby justifying the fight against its spread.
Incitement to violence, which in this context does not necessarily focus on vulnerable communities but directly promotes terrorism or criminal behavior, can be singled out separately. In developed democracies, this type of speech is actively positioned as a clear and direct threat to public security and undermining the rule of law, requiring immediate intervention. However, in authoritarian or totalitarian regimes of today, this kind of rhetoric can be seen as constant and actively used internationally, indicating a possible human rights crisis.
In addition to the above explanations of the importance of individual limitations, several general principles unite these visions. First is the prevention of harm to individuals or groups where libel and incitement to violence may cause emotional or physical consequences that require legal intervention to mitigate. More generally, however, it is clearly the protection of public order, for some speech may threaten social stability or the functioning of democratic institutions.
Additional factors include balancing conflicting rights, where freedom of expression may conflict with another person’s privacy and respect for dignity, which can be undermined by discriminatory rhetoric and lead to the marginalization and inequality of certain members of society. Nevertheless, even these restrictions must be applied reasonably and take into account the principles of proportionality and necessity, in order to be consistent with the principles and values of an adequate democratic society.
Challenges to Freedom of Expression
It is also undeniable that, in today’s digital, fast-paced era, freedom of expression faces many challenges. Most of these challenges are directly related to technological advancements and the rise of new forms of censorship, especially amid widespread opportunities for the dissemination of misinformation (Leclerc, 2023). For example, changes in surveillance practices and privacy concerns have become new issues, with pervasive surveillance by corporations or governments posing a threat to human rights.
Social media and online platforms, with the general digital democratization of access to information, raise concerns about the concentration of power in the hands of individual technology giants. In addition, there is the notion of algorithmic bias and filter bubbles, in which content is prioritized based on user engagement metrics, which can provoke sensationalism and propagate polyrhythmic content (Steel & Petley, 2023). Such a phenomenon reinforces existing biases and limits access to diverse viewpoints, contributing to the fragmentation of public discourse and preventing consensus-building through constructive dialogue.
In this context, new forms of censorship have emerged, including state and legal restrictions. Authoritarian regimes can suppress dissent by controlling the flow of information, including online content, and by filtering content (Steel & Petley, 2023). In addition, the private companies mentioned above influence speech on their platforms by moderating content and assigning hate speech or harassment labels at their discretion. Moreover, the trend of restricting freedom of expression through laws and regulations continues, and artificial defamation, blasphemy, or anti-terrorism laws are used to prevent the spread of unpopular or controversial ideas, undermining democratic norms.
Conclusion
Thus, the preservation of freedom of expression is of significant importance in today’s dynamic human development environment, protecting individual freedoms and promoting collective well-being. This right is key to the existence of democratic societies and is a catalyst for human progress and autonomy. Throughout history, this fundamental notion has been upheld by activists and advocates who recognize its critical role in fostering open dialogue and social change. As part of democratic governance and a fundamental human right, freedom of expression must be promoted and developed to protect future generations and build inclusive and just societies.
References
Khan, I. (2021). Disinformation and freedom of opinion and expression: Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression. Human Rights Council, 47(25), 1–20.
Leclerc, O. (2023). Overarmed or underdressed? Whistleblowers between anti-discrimination law and freedom of expression. International Journal of Discrimination and the Law, 23(3), 265–282.
Sorabji, R. (2021). Freedom of speech and expression: Its history, its value, its good use, and its misuse. Oxford University Press.
Steel, J., & Petley, J. (2023). The Routledge companion to freedom of expression and censorship (1st Edition). Routledge.