Introduction
Freedom of speech can be defined as freedom to hold opinions without interference as well as seeking, receiving and imparting information and ideas through various forms such as media, (Brandeht 15). Speech may also be expressed through the internet, publications as well as demonstrations. Progression of society and personal development depends on the possibilities of receiving and imparting ideas and information. It’s important to note that freedom of speech is applicable to expressions that are favorably received, those regarded as inoffensive, those that may appear to lack merit, those that may be shocking, offending as well as disturbing to individuals or the state in general. According to the European Court of Human Rights, it would be unreasonable to restrict freedom of expression by speech only to generally accepted ideas since it would not matter if a minority opinion appeared to lack merit. The inter-American Court of Human Rights put it that when an individual’s freedom of speech is unlawfully restricted, both the right of that individual and the rights of others to receive the information and ideas are violated. It also implies that the collective right to receive any information and have access to thoughts expressed by others is just as important to know the opinions of others and to access information as is the very right to impart his own opinions.
Importance of freedom of speech
It allows people to communicate their ideas to one another in an open-minded manner. Besides it’s an essential component of any system of human rights protection and forms an important part of national and international law.
This right is highly ranked in countries considered democratic and its importance can be demonstrated by its enshrinement in most of the world countries laws and constitution. In regard to this right, it has been argued out that a common feature of people is the freedom of will and self directed actions which includes the capacity to make independent decisions and actions without external influence. It therefore enhances personal independence by providing an opportunity for expression of thoughts and principles. It also provides a collection of values and ideas for choosing in making one’s views without influence from government.
According to Saha (7) the conscience of each and every individual stands equal before the law. This validates the protection of free speech which is a means people use to communicate their conscience to others.
Freedom of speech is regarded as one of the most fundamental rights and freedom in any country. It’s also essential in encouraging democracy, social and political stability in any country. This fundamental right is enshrined into most of the world’s country constitutions. Freedom of speech is expressed by individuals and it should not be limited. Human beings should be allowed to speak, write ,sing as well as perform other acts of art to facilitate expression, however any effort or act preventing one from expressing ones opinion, believes, views or even opinions is to deny him or herself basic fundamental right as well as dignity (Stephen 15).
Nowadays, the freedom of speech is a very important political right of citizens even though private property is required for it to operated (Cooray 36). This fundamental right provides people of a country with the right to participate to a common purpose in life as a supporter and contribute in actions that improve the welfare of citizens of a country. Political action would not be possible without free speech, besides resistance to injustice or oppression would not be achieved. Free and fare elections can only be practiced in an environment where freedom of speech is expressed otherwise they would lack meaning as the right to express one’s self would be curtailed.
The policies of the contestants are known to the public through freedom of expression. The citizens are also able to respond to those opinions by virtue of free speech. Hence the freely expressed opinion of the citizens helps in restraining oppressive rule.
National, regional and international standards recognize that freedom of expression through free speech may be oral, written, through the internet and as such it means protection of freedom of speech not only include the content but also the means by which it is expressed.
Limitation of freedom of speech
However a sacred right it may be, freedom of expression is not absolute. It is has to be regulated for public order purpose. The constitution of a country should provide for situations as to when an individual gives up his or her freedom of expression. This is because citizens are not protected by the law in everything they choose to say.
The freedom of speech may be limited or subject to certain restrictions which should be provided for by the law. Some of the circumstances for limitation of this right are for; respect of rights of other citizens and their reputations, protection of national security, protection of public order, protection of public morality and protection of public health.
Problems resulting from Freedom of Speech
Some of the problems resulting from freedom of speech are:
Threat to national security
Expressions uttered, or expressed through other means such as the internet may put a country at the risk of attack by other nations, terrorists or even individuals within the country. Terrorists cause more damage to country by spreading fear thereby making people feel unsafe besides attracting attention of the media. Terrorism would have less impact globally were it not for the huge media attention.
Hate speech and violence
This refers to speech which is used to deliberately offend an individual, religious group, racial group or ethnicity group. The aim of this speech may be to dehumanize an individual or group, express anger, contempt, hatred or even violence against them. This may result in actual violence against the group in question. This occurs when expressions are intended to incite violence or there is connection between the expressions uttered and possibility of violence. The essential intent of hate speech is to incite action against a group of people whose categorization is prompted by discriminatory criterion (Balkin 15). The language used may be degrading another group or gender discrimination. Effects of hate speech have lead to wars as witnessed in 1994 Rwanda Genocide Africa. Post election violence also erupted in Kenya’s 2007 presidential mainly due to hate speech and propaganda directed to the president elect of the country. Politicians opposed to the president elect openly uttered that the elections were rigged and they would incite their tribes to chase away other tribes which belonged to the president elect ethnicity, this lead to fights and tribal clashes which lead to death of about one thousand people and about three hundred internally displaced citizens.
Personal privacy and defamation
Individuals would prefer to keep their information private for their personal reasons. It’s the right of the citizens to enjoy their private life with peace of mind and therefore they are entitled to protection of private information according to the law (woods 26). Privacy requires that personal information such as facts, figures and images should not be, known, disclosed, copied, transferred or infringed unlawfully. This is because they may be distorted, misused or subjected to wanton exploitation against his or her will. Internet is a major channel where personal privacy has been violated. This is because bloggers and hackers assess personal accounts and they can use this information for personal gain or even defamation.
Damage to public image
This occurs when some individuals give false information about a country deliberately in order to taint its picture. This could be from people who are not contented by the current leadership or are in the opposition.
False advertising
This results when companies, individuals use false information to advertise their products. A company may falsely claim that it produces some products whereas it does not. This could be due to competition from other companies.
Conclusion
Finally it can be concluded that whereas freedom of speech is a fundamental right that should be accorded to all human beings around the globe, it can result in many negative outcomes as illustrated by the above discussion. In regard to this, states are required to put in place positive measures that will contribute to the free flow of information and ideas in the society and keeping check on enjoyment of this right in order to ensure that individual rights as well as those of the general citizens are not violated.
Works cited
Stephen T. Mbaaro, “Exploring the need for Hate Speech Legislation in America”. Freedom of Expression and Public order. New York: Black pearson, 2002. Print.
Tushar K. Saha, “Legal Constraints and Conflicts between Rights of Privacy and Freedom of Speech”. War on words in Cyberspace. Boston: Allworth press. Print.
J.M. Balkin, Free Speech and Hostile Environment. Oxford: Oxford University Press, 2009. Print.
Woods.L, Freedom of Expression in the European Union. New York: Black Pearson, 2006. Print.
Barendt.E, Freedom of speech, 2nd .Ed, Oxford: Oxford University Press, 2005.
