Definition of Freedom of Expression in International Law

Freedom of expression is a fundamental human right recognized by the international community as a cornerstone of democratic society. The right to express opinions plays a crucial role in ensuring human rights, sustaining democracy, and protecting public interests. It includes:

• The right to express one’s thoughts: Freely articulate opinions verbally, in writing, or through other means.

• The right to access information: Freely seek, receive, and disseminate information across borders.

• Freedom from censorship: Prohibition of interference by the state or other actors in the dissemination of ideas and information.

International Standards Governing Freedom of Expression

International standards affirm that freedom of expression is a vital component of democratic society and a fundamental basis for the protection of human rights. International law views freedom of expression as an inseparable element of personal and political freedom. It not only unlocks individual potential but also protects democratic institutions from authoritarian pressures.

Universal Declaration of Human Rights (UDHR):

• 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.

International Covenant on Civil and Political Rights (ICCPR):

• Article 19:

  • Everyone shall have the right to hold opinions without interference.

  • This right shall include freedom to seek, receive, and impart information and ideas of all kinds.

  • Restrictions are permissible only if they are provided by law and necessary to protect the rights of others, national security, public order, health, or morals.

European Convention on Human Rights (ECHR):

• Article 10:

  • Everyone has the right to freedom of expression.

  • This right includes freedom to hold opinions and to receive and impart information and ideas without interference by public authority.

  • Restrictions are allowed only if they are "necessary in a democratic society."

American Convention on Human Rights:

• Article 13:

  • Everyone has the right to freedom of thought and expression.

  • Censorship is prohibited, but restrictions may be applied to protect national security or public order.

African Charter on Human and Peoples’ Rights:

• Article 9:

  • Every individual shall have the right to receive information.

  • Every individual shall have the right to express and disseminate opinions within the law.

UN Declaration on Human Rights Defenders (1998):

• Affirms the right of every individual to disseminate information, express opinions, and participate in the protection of human rights without fear of reprisal.

Principles of Freedom of Expression

Freedom of expression is grounded in the following principles:

• Universality: This right applies to all individuals regardless of citizenship, nationality, or beliefs. This principle enables the protection of both individual and collective rights.

• Non-discrimination: Restrictions on freedom of expression must not be applied selectively or discriminatorily. Discriminatory restrictions undermine the foundations of a democratic society.

• Proportionality: Any restrictions must be necessary, justified, and minimal. The study "The Right to Freedom of Expression Under International Law" emphasizes that the proportionality of limitations must be carefully assessed in context.

Conclusion

Freedom of expression, as recognized by international standards, is a foundation of democratic society and protects the right of every individual to express their ideas. While it is not absolute, any limitations must adhere to strict criteria of legality, necessity, and proportionality. These principles maintain a balance between freedom and responsibility, safeguarding the rights of both individuals and society as a whole.

Sources:

• Howie, E. (2017). Protecting the human right to freedom of expression in international law. International Journal of Speech-Language Pathology, 20(1), 12–15. https://doi.org/10.1080/17549507.2018.1392612

• "The Right to Freedom of Expression Under International Law" https://www.mediadefence.org/ereader/publications/introductory-modules-on-digital-rights-and-freedom-of-expression-online/module-1-key-principles-of-international-law-and-freedom-of-expression/the-right-to-freedom-of-expression-under-international-law

V. Ivanenko