freedom of speech and its limits in law the freedom of expression and its limits in the...

Freedom of Speech and its Limits in Law The freedom of expression and its limits in the international law Part 1 dr Micha Urbaczyk [email protected] Katedra Doktryn Polityczno-Prawnych i Filozofii WPiA UAM Pozna

The freedom of expression as a natural right of every human being is an object of regulations of international law, which developed particularly after World War II alongside the establishment and evolution of the United Nations. http://upload.wikimedia.org/wikipedia/commons/9/96/Approaching_Omaha.jpg http://www.unmultimedia.org/photo/detail.jsp?id=716/71614&key=12&query=le gacy:y&lang=en&sf=arrival_date

Previous efforts to establish fixed rules on the international level had proved futile due to the weakness of the UN predecessor, the League of Nations. http://www.leagueofnationshistory.org/resources.shtml http://orestesferrara.com/images/league_of_nations_delegation.jpg http://totallyhistory.com/league-of-nations/ http://joeinhistory12withandyolson.weebly.com/uploads /8/8/1/2/8812142/283566269.jpg

Human rights are treated as universal and basic rights, to which every individual is entitled to in their contacts with the state. Their original source is human dignity which is inalienable and independent of the existence of a state and a commonwealth of citizens.

The UN in 1945. In light blue, the founding members. In dark blue, protectorates and colonies of the founding members. http://en.wikipedia.org/wiki/United_Nations#/media/File:United_Nations_Memb er_States-1945.png

Every state is obliged to respect them with relation to their own citizens, citizens of other states, as well as people who have no citizenship but reside on their territory. Human rights are therefore independent of citizenship (they can be enjoyed by stateless persons under the jurisdiction of a particular state).

Nowadays, the system of protection of human rights consists of a range of acts of international law, passed by the UN and its specialised units. Moreover, conventions are passed which are aimed at regulating the question of human rights on the regional level. http://www.un.org/en/sections/about- un/funds-programmes-specialized- agencies-and-others/index.html

for example: The African Charter on Human and Peoples' Rights 2009 African Union member states in dark green, and the states with (former) suspended membership in light green http://en.wikipedia.org/wiki/African_Chart er_on_Human_and_Peoples%27_Rights #/media/File:Map_of_the_African_Union _with_Suspended_States.svg http://en.wikipedia.org/wiki/African_Union#/media/File:African_Union_flag.svg

the OAS Charter, the American Declaration of the Rights and Duties of Man, the American Convention on Human Rights, Seal of Organization of American States (OAS) http://en.wikipedia.org/wiki/Organization_of_American_States#/media/File:Sea l_of_the_Organization_of_American_States.svg

There is no one Asian-wide organisation or convention to promote or protect human rights. http://en.wikipedia.org/wiki/Asia#/media/File:Asia_%28orth ographic_projection%29.svg

The European Convention on Human Rights the Charter of Fundamental Rights of the European Union. http://en.wikipedia.org/wiki/Council_of_Europe#/media/File:Council_of_Europe _logo_%282013_revised_version%29.png http://en.wikipedia.org/wiki/European_Union#/media/File:Flag_of_Europe.svg

http://en.wikipedia.org/wiki/Council_of_Europe#/media/File:Council_of_europe _map.svg

The freedom of expression takes one of the central places in this regional systems. It is important that within this systems, in the aforementioned acts, there are different regulations which deal directly with the freedom of speech. http://www.dannielleblumenthal.com/2015/03/do-government-employees-have-freedom-of.html

What should be emphasised is that one of the most significant achievements of the UN is its universalism - aiming at the inclusion of all the states. http://en.wikipedia.org/wiki/United_Nations#/media/File:United_Nations_Members.svg Map showing the member states of the United Nations

The rights and freedoms are also defined as universal: every individual is entitled to them because they are human (the subject aspect); they are not dependent on the civilizational area, where the individual lives (the territorial aspect); they last alongside the development of societies and nations (the temporal aspect).

the Universal Declaration of Human Rights passed during the 3rd session of the UN General Assembly on 10th December 1948 in Paris. http://en.wikipedia.org/wiki/United_Nations#/media/File:Chile_signs_UN_Chart er_1945.jpg

The Declaration strongly emphasises the rights and freedoms regarding every person, everywhere and in all conditions (the universality principle) and assumes that they are inseparable (i.e. the personal and political rights on the one hand and social, economic and cultural rights on the other, require the same protection and are interdependent).

Article 19 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. Eleanor Roosevelt and the Universal Declaration of Human Rights http://en.wikipedia.org/wiki/Freedom_of_speech

Article 27 should also remain within the scope of the research question as it states that every man has a right to participate in the scientific progress. http://digitalpostercollection.com/?attachment_id=57486

Article 27 1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. 2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

However, this provision cannot be interpreted separately from other regulations of the Declaration, which define its limits as well as the limits of other freedoms included therein. http://www.wnd.com/2012/09/u-n-chief-free-speech-has-limits/

Article 29 1. Everyone has duties to the community in which alone the free and full development of his personality is possible. http://ccnmtl.columbia.edu/projects/mmt/udhr/article_29.html

2. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

3. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations. http://s.hswstatic.com/gif/fascism-movement-5.jpg http://wyborcza.pl/1,75477,17716699,Islamisci_u_bram_Damaszku.html http://s.newsweek.com/sites/www.newsweek.com/files/styles/headline/public/2 014/02/19/ukraine-2-19-1.jpg?itok=UWGcHhP9

Bearing all this in mind, the following limits to the freedom of speech can be indicated: the use of the freedom of expression must include the obligations which an individual has towards the society, in which they live, the protection of values such as morality, public order, universal democratic wellbeing, the freedom of expression cannot infringe upon the objectives and principles of the United Nations.

Since the Declaration is not an act of the international law, the work on other legal acts was initiated following its enactment. http://lampionywolnosci.pl/wp-content/gallery/pozostale/human_rights1.png http://atheist.ie/wordpress/wp-content/uploads/2014/03/International- Covenant-on-Civil-and-Political-Rights.jpg http://www.cd hrap.net/en/w p- content/uploa ds/Internation al-Covenant- on-Economic- Social-and- Cultural- Rights.jpg

These were passed in 1966 and include: International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights. Alongside the Declaration and the two Optional Protocols (on establishing the right to submit individual petitions (1966) and on the abolition of the death penalty (1989)) they form the so-called International Bill of Human Rights.

International Covenant on Civil and Political Rights was passed during the UN conference in New York in 1966. It dealt with the basic human rights and freedoms and the obligation of the State towards its citizens. Unlike the Declaration it is legally binding.

Article 19 of the Covenant is directly concerned with the freedom of expression. https://hopesforwomen.files.wordpress.com/2013/02/b4.png

Article 19 1. Everyone shall have the right to hold opinions without interference. 2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: a) for respect of the rights or reputations of others; b) for the protection of national security or of public order (ordre public), or of public health or morals.

As a result, the freedom of expression may eventually be subject to some limitations, which has to be introduced by means of an act of parliament (not any legal act of lower rank) and have the attribute of necessity in order to: respect the rights and good name of others, protect national security or public order, or public health or morality.

Apart from these formal limitations, the Covenant envisages limitations to the freedom of speech with respect to the content. http://www.fss.org.pl/sites/fss.org.pl/files/news/%5B/nhsm-1420x600.png http://questioning-islam.com/wp- content/uploads/2014/01/Hate_Speech_Hurts_rnoglj.gif

Article 20 of the Covenant states that any war propaganda should be prohibited by law. Also, any support for national, racial or religious hatred which constitutes an incitement to discrimination, hostility or rape should also be legally prohibited. As a result the Covenant indicated what statements do not enjoy the right of distribution.

Similar provisions are included in the International Convention on the Elimination of All Forms of Racial Discrimination. http://legal.un.org/avl/ha/cerd/cerd.html http://legal.un.org/avl/images/ha/cerd/06-l.jpg

Article 4 states that the states-parties to the Convention condemn every propaganda based on the ideas or theories of the supremacy of one race or group of people of a certain skin colour or ethnic origin, or theories which try to justify or support the racial hatred and discrimination in any form. http://images.ukcs.net/14735/SS Poster.jpg https://gcalers.files.wordpress.com/201 1/01/nazi-propaganda-poster-during- war.jpg http://ec.europa.eu/justice/discrimination/media/photos/poster_campaign2012. jpg

Alongside the universal system of human rights protection, other regional systems have also been formed by, i.e: the Council of Europe, the Organisation of American States, the Organisation of African Unity. http://i mages 6.fanpo p.com/i mage/p hotos/3 320000 0/Relig ous- Equalit y- human- rights- 332651 24-900- 600.pn g

The foundations of the European system of human rights were laid by the Convention for the Protection of Human Rights and Fundamental Freedomfrom 1950. http://www.wya.net/wp- content/uploads/201http://www.wya.net/wp- content/uploads/201s 5/02/European- court-of-human-r-008.jpg5/02/European- court-of-human-r-008.jpg

Article 10 Freedom of expression Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of: national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, for maintaining the authority and impartiality of the judiciary.

The Strasbourg organs see the complexity of complaints concerning the infringements of Article 10 since in the European system one should not look for the protection of the freedom of opinions threatening the essence of the democratic society. http://www.thegospelcoalition.org/blogs/tgc/files/2013/10/tolerance3.jpg

Article 17 Prohibition of abuse of rights Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention. https://jaminism.files.wordpress.com/2010/04/05- 04-05-intolerance.jpg

The end

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