Freedom of expression is an inseparable element of a democratic society. Whether a society is democratic or not can be defined by the factor of freedom of expression.
 Freedom of expression has a special status as a human right because we need it to promote and protect all human rights. It embraces free speech, the sanctity of an individual's opinion, a free press, the transmission and receipt of ideas and information, the freedom of expression in art and other forms, the ability to receive ideas from elsewhere, and even the right to silence.
None of the fundamental freedoms, including freedom of expression, is absolute. They are regulated by laws and convention. Of all the fundamental human rights, that of expression is the most elaborated one in international norms and jurisprudence.
Article 19 of the Universal Declaration of Human Rights (UDHR) provides: "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."
Article 10 of the European Convention on Human Rights (ECHR) provides: "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 International Covenant on Civil and Political Rights (ICCPR) provides: "Everyone shall have the right to hold opinions without interference; 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".
Article 39 of the Constitution of Bangladesh has guaranteed "the right of every citizen to freedom of speech and expression; and freedom of press". Articles 36, 37 and 38 have also guaranteed the right.
Freedom of expression and freedom of information contribute to the quality of government in various ways:
1. They help ensure that competent and honest people administer the state. In a democracy, free debate about and between political parties exposes their strengths and weaknesses. This enables voters to form an opinion about who is best qualified to run the country and to vote accordingly. Media scrutiny of the government and the opposition helps expose corruption or other improprieties and prevents a culture of dishonesty.
2. They promote good governance by enabling citizens to raise their concerns with the authorities. If people can speak their minds without fear, and the media are allowed to report what is being said, the government can become aware of any concerns and address them.
3. They ensure that new policies and legislation are carefully considered. Through public debate, members of the public with helpful opinions on a subject can present the government with a 'marketplace of ideas' from which to choose.
4. They promote the implementation of other human rights. They also enable journalists and activists to highlight human rights issues and abuses and persuade the government to take action.
In contrast, the lack of access to freedom of expression is a problem that particularly affects the already marginalised. In other words, discrimination is one of the core elements of unequal access to freedom of expression.
Finally, freedom of expression is necessary in order to understand diversity and differing perspectives and so to resolve conflict. We need freedom of expression in order to be able to determine which ideas are the closest to the truth; competition between ideas is needed to bring out all the relevant facts and arguments on any issue so that the most rational explanations can win out. Â
helalabdullah@gmail.com
On freedom of expression
Md. Abdullah Al Helal | Published: March 17, 2015 00:00:00 | Updated: November 30, 2024 06:01:00
Share if you like