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Freedom of speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...
is the concept of the inherent human right to voice one's opinion
publicly In public relations and communication science, publics are groups of individual people, and the public (a.k.a. the general public) is the totality of such groupings. This is a different concept to the sociological concept of the ''Öffentlichkei ...
without fear of government censorship or
punishment Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority—in contexts ranging from child discipline to criminal law—as a response and deterrent to a particular acti ...
. "Speech" is not limited to public speaking and is generally taken to include other forms of expression. The right is preserved in the United Nations Universal Declaration of Human Rights and is granted formal recognition by the laws of most nations. Nonetheless, the degree to which the right is upheld in practice varies greatly from one nation to another. In many nations, particularly those with
authoritarian Authoritarianism is a political system characterized by the rejection of political plurality, the use of strong central power to preserve the political ''status quo'', and reductions in the rule of law, separation of powers, and democratic votin ...
forms of government, overt government censorship is enforced. Censorship has also been claimed to occur in other forms and there are different approaches to issues such as
hate speech Hate speech is defined by the ''Cambridge Dictionary'' as "public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation". Hate speech is "usually thoug ...
,
obscenity An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin ''obscēnus'', ''obscaenus'', "boding ill; disgusting; indecent", of uncertain etymology. Such loaded language can be use ...
, and
defamation Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
laws. The following list is partially composed of the respective countries' government claims and does not fully reflect the '' de facto'' situation, however many sections of the page do contain information about the validity of the government's claims alongside said claims.


International law

The United Nations Universal Declaration of Human Rights, adopted in 1948, provides, in Article 19, that:
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.
Technically, as a resolution of the United Nations General Assembly rather than a treaty, it is not legally binding in its entirety on members of the UN. Furthermore, whilst some of its provisions are considered to form part of
customary international law Customary international law is an aspect of international law involving the principle of custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its ...
, there is dispute as to which. Freedom of speech is granted unambiguous protection in international law by the International Covenant on Civil and Political Rights which is binding on around 150 nations. In adopting the United Nations Universal Declaration of Human Rights, Ireland, Italy, Luxembourg, Monaco,
Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
and the Netherlands insisted on reservations to Article 19 insofar as it might be held to affect their systems of regulating and licensing broadcasting.


Africa

The majority of African constitutions provide legal protection for freedom of speech, with the extent and enforcement varying from country to country.


Senegal

Senegal has the most decisive freedom of expression of all African countries. It has many associations active in human rights and freedom of expression. Senegal also has the freedom to practice religion, or not practice a religion


Egypt


Eritrea


Malawi


Mauritania


Nigeria


Sierra Leone


Somalia


South Africa

Under apartheid, freedom of speech was curtailed under
apartheid legislation The system of racial segregation and oppression in South Africa known as ''apartheid'' was implemented and enforced by many acts and other laws. This legislation served to institutionalize racial discrimination and the dominance by white people o ...
such as the Native Administration Act 1927 and the Suppression of Communism Act, 1950. In light of South Africa's racial and discriminatory history, particularly the Apartheid era, the Constitution of the Republic of South Africa of 1996 precludes expression that is tantamount to the advocacy of hatred based on some listed grounds. Freedom of speech and expression are both protected and limited by a section in the
South African Bill of Rights Chapter Two of the Constitution of South Africa contains the Bill of Rights, a human rights charter that protects the civil, political and socio-economic rights of all people in South Africa. The rights in the Bill apply to all law, includin ...
, chapter 2 of the Constitution. Section 16 makes the following provisions: 16. Freedom of expression 1. Everyone has the right to freedom of expression, which includes :a. freedom of the press and other media; :b. freedom to receive or impart information or ideas; :c. freedom of artistic creativity; and :d. academic freedom and freedom of scientific research. 2. The right in subsection (1) does not extend to :a. propaganda for war; :b. incitement of imminent violence; or :c. advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm. In 2005, the South African Constitutional Court set an international precedent in the case of ''Laugh It Off Promotions CC v South African Breweries International'' when it found that the small culture jamming company Laugh-it-Off's right to freedom of expression outweighs the protection of trademark of the world's second largest brewery. Currently, the
South African National Assembly The National Assembly is the directly elected house of the Parliament of South Africa, located in Cape Town, Western Cape. It consists of four hundred members who are elected every five years using a party-list proportional representation syste ...
is considering passing a bill aimed at reducing hate speech and hate crimes.


South Sudan


Sudan

Blasphemy Blasphemy is a speech crime and religious crime usually defined as an utterance that shows contempt, disrespects or insults a deity, an object considered sacred or something considered inviolable. Some religions regard blasphemy as a religiou ...
against religion is illegal in Sudan under Blasphemy laws.


Tunisia

Freedom of speech is a controversial issue and a subject of uncertainty in Tunisia. Artists, journalists, and citizens face harassment when they try to express their ideas freely. There is also a lack of experience and traditions with free speech on the part of Tunisian justice and judges following the Tunisian revolution. On 13 June 2013 Tunisian Rapper, Alaa Yacoubi (aka "Weld El 15"), was imprisoned and given a two-year jail sentence because his song "El boulisia Kleb" ("Cops Are Dogs") was considered an incitement to violence and hatred. The court judgement was the subject of an appeal and the decision was announced for 2 July 2013, while Alaa Yaacoubi remained in prison.


Zimbabwe


Asia

Several Asian countries provide formal legal guarantees of freedom of speech to their citizens. These are not, however, implemented in practice in some countries. Barriers to freedom of speech are common and vary drastically between ASEAN countries. They include the use of brutal force in cracking down on bloggers in Burma, Vietnam and Cambodia, application of the law on lèse majesté in Thailand, the use of libel and internal security laws in Singapore and Malaysia, and the killing of journalists in the Philippines. According to
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
, freedom of expression is significantly limited in China and North Korea. Freedom of speech has improved in Myanmar in recent years, but significant challenges remain. There is no clear correlation between legal and constitutional guarantees of freedom of speech and actual practices among Asian nations.


Bangladesh

Under chapter III of th
Fundamental rights in Bangladesh
The
Bangladesh constitution The Constitution of Bangladesh ( bn, বাংলাদেশের সংবিধান — ), officially the Constitution of the People's Republic of Bangladesh ( bn, গণপ্রজাতন্ত্রী বাংলাদেশের ...
ostensibly guarantees freedom of speech to every citizen according to PART III of the
Laws in Bangladesh Bangladesh is a common law country having its legal system developed by the British rulers during their colonial rule over British India. The land now comprises Bangladesh was known as Bengal during the British and Mughal regime while by some other ...
.
Bangladesh constitution states that:
All the citizens shall have the following right * 39. (1) Freedom of thought and conscience is guaranteed. * (2) Subject to any reasonable restrictions imposed by law in the interests of the security of the State, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence– * (a) the right of every citizen to freedom of speech and expression; and * (b) freedom of the press, are guaranteed.


China

According to Article 35 of the Constitution of the People's Republic of China:
English:- Citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration.
Chinese:
There is heavy government involvement in the media, with many of the largest media organizations being run by and/or affiliated with the ruling Chinese Communist Party (CCP). References to liberal democracy, references to the
Republic of China Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
(Taiwan) as an independent country, the Tiananmen Square protests of 1989,
separatist Separatism is the advocacy of cultural, ethnic, tribal, religious, racial, governmental or gender separation from the larger group. As with secession, separatism conventionally refers to full political separation. Groups simply seeking greate ...
movements such as ones in Xinjiang and Tibet, the
2014 Hong Kong protests A series of sit-in street protests, often called the Umbrella Revolution and sometimes used interchangeably with Umbrella Movement, or Occupy Movement, occurred in Hong Kong from 26 September to 15 December 2014. The protests began after ...
, certain religious organizations such as Falun Gong, and anything questioning the legitimacy of the CCP are banned from use in public and blocked on the Internet. Web portals, including Microsoft's
MSN MSN (meaning Microsoft Network) is a web portal and related collection of Internet services and apps for Windows and mobile devices, provided by Microsoft and launched on August 24, 1995, alongside the release of Windows 95. The Microsoft Net ...
, have come under criticism. Several social networking sites, such as Twitter, Facebook and
Snapchat Snapchat is an American multimedia instant messaging app and service developed by Snap Inc., originally Snapchat Inc. One of the principal features of Snapchat is that pictures and messages are usually only available for a short time before the ...
, are banned as a whole and books and foreign films are subject to active censorship. The biggest
search engine A search engine is a software system designed to carry out web searches. They search the World Wide Web in a systematic way for particular information specified in a textual web search query. The search results are generally presented in a ...
, Google however, was legalized on the 25th anniversary of the
Tiananmen Square protests The Tiananmen Square protests, known in Chinese as the June Fourth Incident (), were student-led demonstrations held in Tiananmen Square, Beijing during 1989. In what is known as the Tiananmen Square Massacre, or in Chinese the June Fourth ...
. However, usage is still limited. Beijing has also lifted bans on foreign websites within the Shanghai Free-Trade Zone. The state's censorship tactics range from relatively moderate ways of using monitoring systems and firewalls to jailing journalists, bloggers, and activists, as can be seen from the case of Chinese activist
Liu Xiaobo Liu Xiaobo (; 28 December 1955 – 13 July 2017) was a Chinese writer, literary critic, human rights activist, philosopher and Nobel Peace Prize laureate who called for political reforms and was involved in campaigns to end communist one-par ...
. Although China's constitution deals with citizens’ freedom of speech, the language has been vague, thus giving more space for the government's arbitrary and unilateral judgements. For example, according to the Article 5 of the "Computer Information Network and Internet Security, Protection and Management Regulations," issued by the Ministry of Public Safety in 1997, it states:
No unit or individual may use the Internet to create, replicate, retrieve, or transmit the following kinds of information: # Inciting to resist or violate the Constitution or laws or the implementation of administrative regulations; # Inciting to overthrow the government or the socialist system; # Inciting division of the country, harming national unification; # Inciting hatred or discrimination among nationalists or harming the unity of the nationalities; # Making falsehoods or distorting the truth, spreading rumours, destroying the order of society; # Promoting feudal superstitions, sexually suggestive material, gambling, violence, murder; # Engaging in terrorism or inciting others to criminal activity; openly insulting other people or distorting the truth to slander people; # Injuring the reputation of state organs; # Other activities against the Constitution, laws or administrative regulations.
In January 2013, hundreds of protesters gathered in front of the headquarters of '' Southern Weekly'' after Guangdong's Propaganda Department chief, Tuo Zhen, allegedly rewrote the newspaper's New Year's editorial entitled "China's Dream/ The Dream of Constitution (中国梦,宪政梦)," which called for constitutional reform to better guarantee individual citizens' rights. This is seen, though small, as a victory for press freedom in China; it was the largest and most open protest for free speech in China in decades and the result itself favoured the press, the Guangdong propaganda ministry agreeing not to directly intervene in editorial decisions.


Hong Kong

On paper freedom of speech is guaranteed in the Hong Kong Special Administrative Region under "Chapter III: Fundamental Rights and Duties of the Residents" () of the Hong Kong Basic Law: : Article 27: Hong Kong residents shall have freedom of speech, of the press and of publication; freedom of association, of assembly, of procession and of demonstration; and the right and freedom to form and join trade unions, and to strike. : Article 30: The freedom and privacy of communication of Hong Kong residents shall be protected by law. No department or individual may, on any grounds, infringe upon the freedom and privacy of communication of residents except that the relevant authorities may inspect communication in accordance with legal procedures to meet the needs of public security or of investigation into criminal offences. However, many residents of Hong Kong have been arrested under the "
Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region The Hong Kong national security law, officially the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region is a national law of China on Hong Kong national security passed in 2 ...
" including pro-democracy politicians, activists and protestors. In 2021, pro-democracy newspaper, Apple Daily had $18 million (HKD) of its assets frozen and its editor-in-chief and four other executives arrested for publishing more than 30 articles calling on countries to impose sanctions on Hong Kong and mainland China. In 2021, the Tiananmen Square Museum was accused of 'inciting subversion' and raided by police who removed its exhibits and arrested four members of the group running the museum.


India

The Indian Constitution guarantees freedom of speech to every citizen, but itself allows significant restrictions. In India,
citizens Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and ...
are theoretically free to criticize government, politics, politicians, bureaucracy and policies, but there have been many cases of arrests of those who do so. There have been landmark cases in the
Indian Supreme Court The Supreme Court of India ( IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters ...
that have affirmed the nation's policy of allowing free press and freedom of expression to every citizen, with other cases in which the Court has upheld restrictions on freedom of speech and of the press. Article 19 of the Indian constitution states that:
All citizens shall have the right — # to freedom of speech and expression; # to assemble peaceably and without arms; # to form associations or unions; # to move freely throughout the territory of India; # to reside and settle in any part of the territory of India; and # to practise any profession, or to carry on any occupation, trade or business. These rights are limited so as not to affect: :* The integrity of India :* The security of the State :* Friendly relations with foreign States :* Public order :* Decency or morality :* Contempt of court :* Defamation or incitement to an offence
Freedom of speech is restricted by the National Security Act of 1980 and
UAPA Unlawful Activities (Prevention) Act is an Indian law aimed at prevention of unlawful activities associations in India. Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty o ...
, and in the past, by the Prevention of Terrorism Ordinance (POTO) of 2001, the
Terrorist and Disruptive Activities (Prevention) Act Terrorist and Disruptive Activities (Prevention) Act, commonly known as TADA, was an Indian anti-terrorism law which was in force between 1985 and 1995 (modified in 1987) under the background of the Punjab insurgency and was applied to whole of ...
(TADA) from 1985 to 1995, and similar measures. Freedom of speech is also restricted by Section 124A of the Indian Penal Code, 1860 which deals with
sedition Sedition is overt conduct, such as speech and organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, estab ...
and makes any speech or expression which brings contempt towards government punishable by imprisonment extending from three years to life. In 1962 the Supreme Court of India held this section to be constitutionally valid in the case ''Kedar Nath Singh vs State of Bihar''.


Indonesia

Blasphemy against religion is illegal in Indonesia under Chapter 156a of the Penal Code (KUHP).


Iran

Blasphemy against Islam is illegal in Iran. According to the
Constitution of the Islamic Republic of Iran The Constitution of the Islamic Republic of Iran ( fa, قانون اساسی جمهوری اسلامی ایران, ''Qanun-e Asasi-ye Jomhuri-ye Eslâmi-ye Iran'') was December 1979 Iranian constitutional referendum, adopted by referendum on 2 ...
Chapter 3 Article 27 Public gatherings and marches are allowed so long as the participants do not carry arms and are not in violation of the fundamental principles of Islam. According to the Press Freedom Index for 2007, Iran ranked 166th out of 169 nations. Only three other countries –
Eritrea Eritrea ( ; ti, ኤርትራ, Ertra, ; ar, إرتريا, ʾIritriyā), officially the State of Eritrea, is a country in the Horn of Africa region of Eastern Africa, with its capital and largest city at Asmara. It is bordered by Ethiopia ...
, North Korea, and Turkmenistan - had more restrictions on news media freedom than Iran. The government of
Ali Khamenei Sayyid Ali Hosseini Khamenei ( fa, سید علی حسینی خامنه‌ای, ; born 19 April 1939) is a Twelver Shia ''marja and the second and current Supreme Leader of Iran, in office since 1989. He was previously the third president o ...
and the
Supreme National Security Council Supreme National Security Council (SNSC; fa, شورای عالی امنیت ملی ''Showrāye Āliye Amniyate Mellī'' also ''Supreme Council for National Security'') is the national security council of the Islamic Republic of Iran, the current ...
imprisoned 50 journalists in 2007 and all but eliminated press freedom. Reporters Without Borders (RWB) has dubbed Iran the "Middle East's biggest prison for journalists." On September 8, 2020,
Reporters Without Borders Reporters Without Borders (RWB; french: Reporters sans frontières; RSF) is an international non-profit and non-governmental organization with the stated aim of safeguarding the right to freedom of information. It describes its advocacy as found ...
expressed concern about the continuing detention and repression of journalists in Iran, and warned for the journalists and reporters who have been arrested for their activities and subjected to harassment. "The Human Rights Council must take more serious action to protect and defend journalists," said an official.


Israel

The
Supreme Court of Israel The Supreme Court (, ''Beit HaMishpat HaElyon''; ar, المحكمة العليا) is the Supreme court, highest court in Israel. It has ultimate appellate jurisdiction over all other courts, and in some cases original jurisdiction. The Supreme C ...
(Levi v. Southern District Police Commander) ruled that:
The right of demonstration and procession is a fundamental human right in Israel. It is recognized along with free speech, or emanating therefrom - as belonging to the freedoms that characterize Israel as a democratic state.
The Democracy Index of 2017 includes a freedom of speech and media ranking in which Israel scores a shared 11th place out of 167 countries in the world (9 out of 10 points). According to the 2016 US Department of State report on Israel, " e law generally provides for freedom of speech, including for members of the press, and the government generally respected these rights. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of speech and of the press". Incitement to
discrimination Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, relig ...
(including incitment to
boycott A boycott is an act of nonviolent, voluntary abstention from a product, person, organization, or country as an expression of protest. It is usually for moral, social, political, or environmental reasons. The purpose of a boycott is to inflict som ...
an entity solely based on its affiliation with Israel) and slander are civil offences, in which those affected by them can launch
lawsuit - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
s. Incitment to violence is a criminal offence, which can result in a
prison sentence In law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. Sentences for multipl ...
.


Japan

Freedom of speech is guaranteed by Chapter III, Article 21 of the Japanese constitution."The Constitution of Japan"
, Cabinet Secretariat, Cabinet Public Relations Office, 3 November 1946, retrieved 16 March 2013
There are few exemptions to this right and a very broad spectrum of opinion is tolerated by the media and authorities. Article 21:


Malaysia

In May 2008, the Prime Minister of Malaysia Datuk Seri
Abdullah Ahmad Badawi Tun Abdullah bin Ahmad Badawi ( Jawi: عبد الله بن احمد بدوي; born 26 November 1939) is a Malaysian politician who served as the 5th Prime Minister of Malaysia from October 2003 to April 2009. He was also the sixth president of ...
put forward a headline "Media should practice voluntary self-censorship", saying there is no such thing as unlimited freedom and the media should not be abashed of "voluntary self-censorship" to respect cultural norms, different societies hold different values and while it might be acceptable in secular countries to depict a caricature of Muhammad, it was clearly not the case here. "It is not a moral or media sin to respect prophets". He said the government also wanted the media not to undermine racial and religious harmony to the extent that it could threaten national security and public order. "I do not see these laws as curbs on freedom. Rather, they are essential for a healthy society." The authorities in Malaysia can prosecute users of media for their publications. Such prosecution is on the basis of Section 233 of the Communications and Multimedia Act 1998, for improper use of network facilities. In March 2019, a 22-year old Malaysian was sentenced to 10 years in prison on the grounds of Section 233 of the act. The Malaysian man was sentenced after pleading guilty for insulting Islam and the Prophet Mohammed on his Facebook page.


Nepal


North Korea

Freedom of speech is theoretically guaranteed in North Korea in Article 67 of the Constitution of North Korea which states "Citizens are guaranteed freedom of speech, of the press, of assembly, demonstration and association." However North Korea is generally regarded as one of the most censored countries on earth.


Pakistan

In its ''2010 Freedom of the Press Survey'',
Freedom House Freedom House is a non-profit, majority U.S. government funded organization in Washington, D.C., that conducts research and advocacy on democracy, political freedom, and human rights. Freedom House was founded in October 1941, and Wendell Wil ...
ranked Pakistan 134th out of 196 countries. Pakistan's score was 61 on a scale from 1 (most free) to 100 (least free), which earned a status of "not free". The OpenNet Initiative listed
Internet filtering An Internet filter is software that restricts or controls the content an Internet user is capable to access, especially when utilized to restrict material delivered over the Internet via the Web, Email, or other means. Content-control software det ...
in Pakistan as substantial in the social and conflict/security areas, as selective in the Internet tools area, and as suspected in the political area in December 2010."ONI Country Profile: Pakistan"
OpenNet Initiative, 26 December 2010
Though Articles 19 of the
Constitution of Pakistan The Constitution of Pakistan ( ur, ), also known as the 1973 Constitution, is the supreme law of Pakistan. Drafted by the government of Zulfikar Ali Bhutto, with additional assistance from the country's Pakistani political parties, opposition ...
guarantees freedom of speech and expression, and freedom of the press with certain restrictions. However, in practice, the freedom of speech is restricted through censorship of media as well as censorship of the Internet. In Pakistan, several media forms have been banned either temporarily or permanently - These include YouTube, Flickr, Facebook, Telegram, WhatsApp, and other social networking sites, apart from encyclopaedias such as Wikipedia, which also faced bans.
Blasphemy Blasphemy is a speech crime and religious crime usually defined as an utterance that shows contempt, disrespects or insults a deity, an object considered sacred or something considered inviolable. Some religions regard blasphemy as a religiou ...
against religion is illegal in Pakistan. Defaming Muhammad under § 295-C of the Blasphemy law in Pakistan requires a death sentence.


Philippines

Article III Section 4 of the 1987
Constitution of the Philippines The Constitution of the Philippines (Filipino: ''Saligang Batas ng Pilipinas'' or ''Konstitusyon ng Pilipinas'', Spanish: ''Constitución de la República de Filipinas'') is the constitution or the supreme law of the Republic of the Philippines ...
specifies that no law shall be passed abridging the freedom of speech or of expression. However, some laws limit this freedom, for example: * Certain sections of the Flag and Heraldic Code require particular expressions and prohibit other expressions. * Title thirteen of the Revised Penal Code of the Philippines criminalizes libel and slander by act or deed (slander by deed is defined as "any act ... which shall cast dishonor, discredit or contempt upon another person."), providing penalties of fine or imprisonment. In 2012, acting on a complaint by an imprisoned broadcaster who dramatised a newspaper account reporting that a particular politician was seen running naked in a hotel when caught in bed by the husband of the woman with whom he was said to have spent the night, the United Nations Commission on Human Rights ruled that the criminalization of libel violates freedom of expression and is inconsistent with Article 19 of the International Covenant on Civil and Political Rights, commenting that "Defamations laws should not ... stifle freedom of expression" and that "Penal defamation laws should include defense of truth."Libel law violates freedom of expression – UN rights panel
Frank Lloyd Tiongson, ''The Manila Times'', 30 January 2012.
* Blasphemy against decency and good customs is an offense which is punishable by a prison term, a fine, or both. Other offenses against decency and good customs include: public displays or exhibitions which glorify criminals or condone crimes, serve no other purpose but to satisfy the market for violence, lust or pornography, offend any race or religion, tend to abet traffic in and use of prohibited drugs, and are contrary to law, public order, morals, and good customs, established policies, lawful orders, decrees and edicts; publishing or selling obscene literature; selling, giving away, or exhibiting films, prints, engravings, sculpture or literature which are offensive to morals; publicly expounding or proclaiming doctrines openly contrary to public morals; and highly scandalous conduct not expressly falling within any other article of the code.


Saudi Arabia

Blasphemy against Islam is illegal in Saudi Arabia, under punishment of death.


South Korea

The South Korean constitution guarantees freedom of speech, press, petition and assembly for its nationals. However, behaviors or speeches in favor of the North Korean regime or communism can be punished by the National Security Law, though in recent years prosecutions under this law have been rare. South Korea is also known as the country in Asia with the most freedom of press. There is a strict election law that takes effect a few months before elections which prohibits most speech that either supports or criticizes a particular candidate or party. One can be prosecuted for political parodies and even for wearing a particular color (usually the color of a party). Some activists send leaflets by balloons to North Korea. The police has intervened and stopped some of the balloon releases in fear that North Korea may retaliate violently. This has resulted in critical discussion on freedom of expression and its limits due to safety concerns. Officially, the South Korean government insists on activists' right to freedom of expression.


Taiwan

The Constitution of the Republic of China (commonly known as Taiwan) guarantees freedom of speech, teaching, writing, publishing, assembly and association for its nationals under Articles 11 and 14. These rights were suspended under martial law and Article 100 of the Criminal Code, which were lifted and abolished on July 15, 1987, and March 2, 1991, respectively. In 2018,
Reporters Without Borders Reporters Without Borders (RWB; french: Reporters sans frontières; RSF) is an international non-profit and non-governmental organization with the stated aim of safeguarding the right to freedom of information. It describes its advocacy as found ...
ranked Taiwan 42nd in the world, citing concerns about media independence due to economic pressure from China.


Thailand

While the
Thai constitution The Constitution of the Kingdom of Thailand ( th, รัฐธรรมนูญแห่งราชอาณาจักรไทย; ) provides the basis for the rule of law in Thailand. Since the abolition of the absolute monarchy in 1932, ...
provides for freedom of expression, by law the government may restrict freedom of expression to preserve national security, maintain public order, preserve the rights of others, protect public morals, and prevent insults to Buddhism. The lese-majeste law makes it a crime, punishable by up to 15 years' imprisonment for each offense, to criticize, insult, or threaten the king, queen, royal heir apparent, or regent. Defamation is a criminal offense and parties that criticize the government or related businesses may be sued, setting the stage for self-censorship."Thailand"
''Country Reports on Human Rights Practices for 2011'', Bureau of Democracy, Human Rights and Labor, U.S. Department of State
Censorship expanded considerably starting in 2003 during the Thaksin Shinawatra administration and after the 2006 military coup. Prosecutions for lese-majeste offenses increased significantly starting in 2006. Journalists are generally free to comment on government activities and institutions without fear of official reprisal, but they occasionally practice self-censorship, particularly with regard to the monarchy and national security. Broadcast media are subject to government censorship, both directly and indirectly, and self-censorship is evident. Under the Emergency Decree in the three southernmost provinces, the government may restrict print and broadcast media, online news, and social media networks there. The Computer Crime Act of 2007 allows for computer crime punishments that have committed far fewer offences, potentially giving the Government even more control over free speech. However, this amended act is currently awaiting the approval of His Majesty King Maha Vajiralongkorn Bodindradebayavarangkun Thailand practices selective Internet filtering in the political, social, and Internet tools areas, with no evidence of filtering in the conflict/security area in 2011.OpenNet Initiative
"Summarized global Internet filtering data spreadsheet"
8 November 2011 an
"Country Profiles"
the OpenNet Initiative is a collaborative partnership of the Citizen Lab at the Munk School of Global Affairs, University of Toronto; the Berkman Center for Internet & Society at Harvard University; and the SecDev Group, Ottawa
Due to legal concerns the OpenNet Initiative does not check for filtering of child pornography and because their classifications focus on technical filtering, they do not include other types of censorship. Thailand is on
Reporters Without Borders Reporters Without Borders (RWB; french: Reporters sans frontières; RSF) is an international non-profit and non-governmental organization with the stated aim of safeguarding the right to freedom of information. It describes its advocacy as found ...
list of countries ''under surveillance'' in 2011''Internet Enemies''
, Reporters Without Borders (Paris), 12 March 2012
and is listed as "Not Free" in the ''Freedom on the Net 2011'' report by
Freedom House Freedom House is a non-profit, majority U.S. government funded organization in Washington, D.C., that conducts research and advocacy on democracy, political freedom, and human rights. Freedom House was founded in October 1941, and Wendell Wil ...
, which cites substantial political censorship and the arrest of bloggers and other online users. On 25 March 2020, Human Rights Watch stated that the Thailand authorities must immediately end its use of laws meant for "anti-fake news" to be misused for prosecuting people critical of the government, concerning the handling of COVID-19 outbreak in the country. A
state of emergency A state of emergency is a situation in which a government is empowered to be able to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state du ...
set into effect on the 26 March 2020 highlighted concerns on increased repression of the
freedom of speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...
.


United Arab Emirates

In the United Arab Emirates (UAE), it is a crime to use a computer network to "damage the national unity or social peace". The law has been used to convict people for criticising state security investigations on Twitter. The Gulf Centre for Human Rights (GCHR) and Human Rights Watch reported in December 2020 of the jailed human rights defender,
Ahmed Mansoor Ahmed Mansoor Al Shehhi is an Emirati blogger, human rights and reform activist arrested in 2011 for defamation and insults to the heads of state and tried in the UAE Five trial. He was pardoned by UAE's president Sheikh Khalifa bin Zayed Al Nahy ...
's deteriorating health condition following his indefinite solitary confinement in the al-Sadr prison of UAE, lacking basic necessities and medication. Mansoor sits on the advisory board of both the rights organizations. The authorities of the United Arab Emirates were urged to take the situation into consideration on immediate notice. Human rights organizations from around the world undersigned a letter sent to the winners of the Sheikh Zayed Book Award on 10 May 2021, urging them to decline the accolade. In addition to the award, the letter also urged the winners to withdraw their names from a forthcoming event to be hosted in UAE – Abu Dhabi International Book Fair. The winners included Dar Al Jadeed, Iman Mersal, Dr Saeed El-Masry, Khelil Gouia, Dr Asma bint Muqbel bin Awad Al-Ahmadi, Michael Cooperson, Tahera Qutbuddin and Mizouni Bannani. The letter was written soon after German philosopher
Jürgen Habermas Jürgen Habermas (, ; ; born 18 June 1929) is a German social theorist in the tradition of critical theory and pragmatism. His work addresses communicative rationality and the public sphere. Associated with the Frankfurt School, Habermas's wor ...
declined his award, citing the reason as the awarding institution's close ties with the ongoing political system of Abu Dhabi, UAE. The rights groups wrote in their letter that the award represented UAE's PR strategy of investing in cultural events while hiding the oppression of peaceful dissident voices.


Oceania


Australia

Australia does not have explicit freedom of speech in any constitutional or statutory declaration of rights, with the exception of political speech which is protected from criminal prosecution at common law per '' Australian Capital Television Pty Ltd v Commonwealth''. There is however an implied freedom of speech that was recognised in '' Lange v Australian Broadcasting Corporation''.. In 1992 the
High Court of Australia The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established fol ...
judged in the case of '' Australian Capital Television Pty Ltd v Commonwealth'' that the
Australian Constitution The Constitution of Australia (or Australian Constitution) is a constitutional document that is supreme law in Australia. It establishes Australia as a federation under a constitutional monarchy and outlines the structure and powers of the ...
, by providing for a system of representative and responsible government, implied the protection of political communication as an essential element of that system.. This freedom of political communication is not a broad freedom of speech as in other countries, but rather a freedom that only protects political free speech. This freedom of political free speech is a shield against government prosecution, not a shield against private prosecution ( civil law). It is also less a causal mechanism in itself, rather than simply a boundary which can be adjudged to be breached. Despite the court's ruling, however, not all political speech appears to be protected in Australia and several laws criminalise forms of speech that would be protected in republic countries such as the United States. In 1996,
Albert Langer Albert Langer (also known as Arthur Dent) is an Australian political activist, best known for his 1996 conviction and gaoling on contempt of court, contempt charges after breaching an injunction forbidding his advocacy of marking ballot, electora ...
was imprisoned for advocating that voters fill out their ballot papers in a way that was invalid..
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
declared Langer to be a prisoner of conscience. The section which outlawed Langer from encouraging people to vote this way has since been repealed and the law now says only that it is an offence to print or publish material which may deceive or mislead a voter. The Howard Government expanded sedition law as part of the war on terror. '' Media Watch'' ran a series on the amendments on
ABC television ABC Television most commonly refers to: *ABC Television Network of the American Broadcasting Company, United States, or *ABC Television (Australian TV network), a division of the Australian Broadcasting Corporation, Australia ABC Television or ABC ...
. In 2003,
CSIRO The Commonwealth Scientific and Industrial Research Organisation (CSIRO) is an Australian Government The Australian Government, also known as the Commonwealth Government, is the national government of Australia, a federal parliamentar ...
senior scientist Graeme Pearman was reprimanded and encouraged to resign after he spoke out on global warming. The Howard Government was accused of limiting the speech of Pearman and other scientists. In 2010, journalist Andrew Bolt was sued in the Federal Court over two posts on his ''
Herald Sun The ''Herald Sun'' is a conservative daily tabloid newspaper based in Melbourne, Australia, published by The Herald and Weekly Times, a subsidiary of News Corp Australia, itself a subsidiary of the Murdoch owned News Corp. The ''Herald S ...
'' blog in 2009. Bolt was found to have contravened the '' Racial Discrimination Act 1975'' (Cth) in 2011 following comments regarded to be representative of a "eugenic" approach to aboriginal identity.. This prompted the federal government to propose changes to the Racial Discrimination Act but this has been met with stiff resistance. In 2014 the
Supreme Court of Victoria The Supreme Court of Victoria is the highest court in the Australian state of Victoria. Founded in 1852, it is a superior court of common law and equity, with unlimited and inherent jurisdiction within the state. The Supreme Court comprises ...
issued a blanket media gag order on the reporting of a high-profile international corruption case. The gag order prevented the publishing of articles regarding bribes presented to high-ranking officials of Malaysia, Indonesia and Vietnam by senior executives of the Reserve Bank of Australia in order to secure the adoption of the Australian invented and produced polymer banknote technology.


New Zealand

The right to
freedom of speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...
is not explicitly protected by common law in New Zealand, but is encompassed in a wide range of doctrines aimed at protecting free speech. An independent press, an effective judiciary, and a functioning democratic political system combine to ensure freedom of speech and of the press. In particular, freedom of expression is preserved in section 14 of the New Zealand Bill of Rights Act 1990, which states that:
"Everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form."
This provision reflects the more detailed one in Article 19 of the International Covenant on Civil and Political Rights. The significance of this right and its importance to democracy has been emphasised by the New Zealand courts. It has been described as the primary right without which the
rule of law The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica ...
cannot effectively operate. The right is not only the cornerstone of democracy; it also guarantees the self-fulfilment of its members by advancing knowledge and revealing truth. As such, the right has been given a wide interpretation. The
Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
has said that section 14 is "as wide as human thought and imagination". Freedom of expression embraces free speech, a free press, transmission and receipt of ideas and information, freedom of expression in art, and the
right to silence The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the worl ...
. The right to freedom of expression also extends to the right to seek access to official records. This is provided for in the
Official Information Act 1982 The Official Information Act 1982 (OIA) is an Act of the New Zealand Parliament which creates a public right to access information held by government bodies. It is New Zealand's primary freedom of information law and has become an important pa ...
. Note however, that there is some censorship in New Zealand, and criminal suspects have often have a right to
name suppression A gag order (also known as a gagging order or suppression order) is an order, typically a legal order by a court or government, restricting information or comment from being made public or passed onto any unauthorized third party. The phrase may ...
, and that defamation law is much more plaintiff-friendly than in the United States .


Samoa


Europe


Council of Europe

The European Convention on Human Rights (ECHR), signed on 4 November 1950, guarantees a broad range of human rights to inhabitants of member countries of the
Council of Europe The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold European Convention on Human Rights, human rights, democracy and the Law in Europe, rule of law in Europe. ...
, which includes almost all European nations. These rights include Article 10, which entitles all citizens to free expression. Echoing the language of the Universal Declaration of Human Rights this provides that: :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 convention established the European Court of Human Rights (ECtHR). Any person who feels his or her rights have been violated under the convention by a state party can take a case to the Court. Judgements finding violations are binding on the States concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors the execution of judgements, particularly to ensure payment of the amounts awarded by the Court to the applicants in compensation for the damage they have sustained. The convention also includes some other restrictions: :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 the rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. For example, the Council of Europe ''Explanatory Report'' of the Additional Protocol to the Convention on Cybercrime states the "European Court of Human Rights has made it clear that the denial or revision of 'clearly established historical facts – such as the Holocaust..would be removed from the protection of Article 10 by Article 17' of the ECHR" in the '' Lehideux and Isorni v. France'' judgment of 23 September 1998. Each party to the Convention must alter its laws and policies to conform with the convention. Some, such as Ireland or the United Kingdom, have expressly incorporated the Convention into their domestic laws. The guardian of the convention is the European Court of Human Rights. This court has heard many cases relating to freedom of speech, including cases that have tested the professional obligations of confidentiality of journalists and lawyers, and the application of defamation law, a recent example being the so-called " McLibel case".


European Union

Citizens of the European Union European Union citizenship is afforded to all citizens of member states of the European Union (EU). It was formally created with the adoption of the 1992 Maastricht Treaty, at the same time as the creation of the EU. EU citizenship is additio ...
enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration. Currently, all members of the European Union are signatories of the European Convention on Human Rights in addition to having various constitutional and legal rights to freedom of expression at the national level. The Charter of Fundamental Rights of the European Union has been legally binding since December 1, 2009 when the Treaty of Lisbon became fully ratified and effective. Article 11 of the Charter, in part mirroring the language of the Universal Declaration of Human Rights and the European Convention on Human Rights, provides that :1. 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. :2. The freedom and pluralism of the media shall be respected. The
European Court of Justice The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Un ...
takes into account both the Charter and the Convention when making its rulings. According to the Treaty of Lisbon, the European Union accedes to the European Convention as an entity in its own right, making the Convention binding not only on the governments of the
member states A member state is a state that is a member of an international organization or of a federation or confederation. Since the World Trade Organization (WTO) and the International Monetary Fund (IMF) include some members that are not sovereign states ...
but also on the supranational institutions of the EU.


Austria

In Austria, the right of free speech is subject to limitations, notably the prohibition to call the prophet Muhammad a pedophile, which was reaffirmed by a court in 2009. The European Court of Human Rights upheld the verdict in 2018.


Czech Republic

Freedom of speech in the Czech Republic is guaranteed by the Czech Charter of Fundamental Rights and Basic Freedoms, which has the same legal standing as the Czech Constitution. It is the first freedom of the charter's second division - political rights. It reads as follows: :Article 17 ::(1) The freedom of expression and the right to information are guaranteed. ::(2) Everyone has the right to express their opinion in speech, in writing, in the press, in pictures, or in any other form, as well as freely to seek, receive, and disseminate ideas and information irrespective of the frontiers of the State. ::(3) Censorship is not permitted. ::(4) The freedom of expression and the right to seek and disseminate information ''may be limited by law in the case of measures necessary in a democratic society for protecting the rights and freedoms of others, the security of the State, public security, public health, and morals.'' ::(5) State bodies and territorial self-governing bodies are obliged, in an appropriate manner, to provide information on their activities. Conditions therefore and the implementation thereof shall be provided for by law. Specific limitations of the freedom of speech within the meaning of Article 17(4) may be found in the Criminal Code as well in other enactments. These include the prohibition of: * unauthorized handling of personal information (Article 180 of the Criminal Code), which protects the right to privacy, * defamation (Article 184 of the Criminal Code), * dissemination of pornography depicting disrespect to a human, abuse of an animal, or dissemination of any pornography to children (Article 191 of the Criminal Code), * seducing to use or propagation of use of addictive substances other than alcohol (Article 287 of the Criminal Code), which protects public health, * denigration of a nation, race, ethnic or other group of people (Article 355 of the Criminal Code), i.e. hate speech, * inciting of hatred towards a group of people or inciting limitation of their civil rights (Article 356 of the Criminal Code), * spreading of scaremongering information (Article 357 of the Criminal Code), e.g. fake bomb alerts, * public incitement of perpetration of a crime (Article 364 of the Criminal Code), * public approval of a felony crime (Article 365 of the Criminal Code), * public display of sympathy towards a movement oriented at curbing rights of the people (Article 404 of the Criminal Code), e.g. propagation of hate-groups, * public denial, questioning, endorsement or vindication of genocide (Article 405 of the Criminal Code), e.g. Auschwitz lie, * incitement of an offensive war (Article 407 of the Criminal Code). Most of the limitations of the free speech in the Czech Republic aim at protection of rights of individuals or minority groups. Unlike in some other European countries there are no limits on speech criticizing or denigrating government, public officials or state symbols.


Denmark

Freedom of speech in Denmark is granted by the Constitution (
Grundloven The Constitutional Act of the Realm of Denmark ( da, Danmarks Riges Grundlov), also known as the Constitutional Act of the Kingdom of Denmark, or simply the Constitution ( da, Grundloven, fo, Grundlógin, kl, Tunngaviusumik inatsit), is the c ...
): :§ 77 Any person shall be at liberty to publish their ideas in print, in writing, and in speech, subject to their being held responsible in a court of law. Censorship and other preventive measures shall never again be introduced. Because of the constitutions only protects against censure, there are some laws where you can be prosecuted for what you say. Hate speech is illegal according to the Danish Penal Code § 266(b): :Any person who, publicly or with the intention of disseminating ... makes a statement ... threatening ('), insulting ('), or degrading (') a group of persons on account of their race, national or ethnic origin or belief shall be liable to a fine or to simple detention or to imprisonment for a term not exceeding two years.


Finland

Finland has been ranked in the Press Freedom Index as the country with the best press freedom in 2002–2006, 2009–2010, and 2012–2014. According to the Constitution, everyone has freedom of expression, entailing the right to express, disseminate and receive information, opinions and other communications without prior prevention by anyone. The Finnish mass-media has a own self-regulatory organ which regulates the ethics of the press. A demonstration or other public assembly requires no permission from the police or other authorities. If a public meeting is held outdoors, the police must be notified of the event no later than six hours before the assembly is scheduled to begin, but the police have no authority to prohibit the event.
Defamation Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
is a crime only if the target is a private person. Defamation of corporations is never a crime unless it's covered by competition regulations or similar legislation. Sentences have never been given for publishing pro-drug propaganda. There are few restrictions regarding
obscenity An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin ''obscēnus'', ''obscaenus'', "boding ill; disgusting; indecent", of uncertain etymology. Such loaded language can be use ...
. It's illegal to display obscene visual material in a public place in a manner that is likely to cause public offense. In practice this means that obscene photos and videos may be shown only in places where they are expected to be seen, while there are no restrictions on obscene literature. Drawings and animations showing child pornography are legal. While bestiality is legal as such, videos and photographs showing sex with animals are banned. Motion pictures showing "brutal" violence may not be kept accessible to the public or distributed if the display of violence is not deemed necessary for informative or artistic purposes, possession of such audiovisual recordings being still legal. A Finn was sentenced in 2009 to 40 days of probation after keeping Islamic extremist execution videos on his website. Finland had a film censorship board until 2001 when the scope of the board was limited to giving age ratings to movies. After the abolition of film censorship there are no restrictions on sex shown in movies regardless of the venue of display, violent pornography being the only exception to the rule."Ch. 17: § 17: Distribution of depictions of violence / § 18: Distribution of a sexually offensive picture / § 20: Unlawful marketing of obscene material"
''Criminal Code of Finland'', Ministry of Justice, Finland.
After the abolishment of film censorship, banning movies that contain brutal violence has been extremely rare. Disparagement of the flag of Finland is an offense that can be punished with a fine. The ban specifically includes using a flag with unauthorized addenda. This is the only law restricting disparagement of the state and its symbols and institutions.
Blasphemy Blasphemy is a speech crime and religious crime usually defined as an utterance that shows contempt, disrespects or insults a deity, an object considered sacred or something considered inviolable. Some religions regard blasphemy as a religiou ...
and
hate speech Hate speech is defined by the ''Cambridge Dictionary'' as "public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation". Hate speech is "usually thoug ...
are forbidden. The blasphemy law applies to all religions. The hate speech law protects people of different sexual orientations, races, skin colors, places of birth, national or ethnic origins, religions or beliefs and disabled people. The sentence for committing these crimes could theoretically be imprisonment, but during the modern juridical history the sentence has always been a fine. The hate speech law is relatively lax. It prohibits only threatening, insulting and defaming the aforementioned groups, while criticism and expression of opinions against these groups of people are not per se forbidden. For instance, unlike in 16 other European countries
denying the Holocaust ''Denying the Holocaust: The Growing Assault on Truth and Memory'' is a 1993 book by the historian Deborah Lipstadt, in which the author discusses the Holocaust denial movement. Lipstadt named British writer David Irving as a Holocaust denier, l ...
is legal. During the years 2000–2013 there were 21 successful court cases regarding hate speech. The expressions ruled illegal include stating that some groups are trash, a group is a racial monster that needs to be destroyed, and comparing
asylum seekers An asylum seeker is a person who leaves their country of residence, enters another country and applies for asylum (i.e., international protection) in that other country. An asylum seeker is an immigrant who has been forcibly displaced and mi ...
to animals and saying that violence against foreigners is acceptable. A Finnish member of EU parliament Jussi Halla-aho was sentenced for both
blasphemy Blasphemy is a speech crime and religious crime usually defined as an utterance that shows contempt, disrespects or insults a deity, an object considered sacred or something considered inviolable. Some religions regard blasphemy as a religiou ...
and
hate speech Hate speech is defined by the ''Cambridge Dictionary'' as "public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation". Hate speech is "usually thoug ...
in 2012 by the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
after saying that "
Islam Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ...
is a paedophilia religion" and "it's a national and possibly even genetic special characteristic of the Somali people to rob passers-by and to be parasites living on the tax-payers' money". According to Jussi Halla-aho himself, the latter was meant to criticize the fact that saying that Finns drink a lot and then kill people due to possibly genetic reasons was held to be in accordance of the ethics of the press by the self-regulatory organ of the mass-media. Fines are income-based in Finland. Halla-aho was sentenced to 50 day-fines and had to pay €550 based on his income.


France

The '' Declaration of the Rights of Man and of the Citizen'', of constitutional value, states, in its article 11: :The free communication of thoughts and of opinions is one of the most precious rights of man: any citizen thus may speak, write, print freely, save f it is necessaryto respond to the abuse of this liberty, in the cases determined by the law. In addition, France adheres to the European Convention on Human Rights and accepts the jurisdiction of the European Court of Human Rights. The Press Law of 1881, as amended, guarantees freedom of the press, subject to several exceptions. The Pleven Act of 1972 (after Justice Minister
René Pleven René Pleven (; 15 April 1901 – 13 January 1993) was a notable French politician of the Fourth Republic. A member of the Free French, he helped found the Democratic and Socialist Union of the Resistance (UDSR), a political party that was meant ...
) prohibits incitement to hatred, discrimination, slander and racial insults. The
Gayssot Act The Gayssot Act or Gayssot Law (french: Loi Gayssot), enacted on 13 July 1990, makes it an offence in France to question the existence or size of the category of crimes against humanity as defined in the London Charter of 1945, on the basis of wh ...
of 1990 prohibits any racist,
anti-Semite Antisemitism (also spelled anti-semitism or anti-Semitism) is hostility to, prejudice towards, or discrimination against Jews. A person who holds such positions is called an antisemite. Antisemitism is considered to be a form of racism. Antis ...
, or xenophobic activities, including Holocaust denial. The Law of 30 December 2004 prohibits hatred against people because of their gender, sexual orientation, or disability. An addition to the Public Health Code was passed on 31 December 1970, which punishes the "positive presentation of drugs" and the "incitement to their consumption" with up to five years in prison and fines up to €76,000. Newspapers such as ''
Libération ''Libération'' (), popularly known as ''Libé'' (), is a daily newspaper in France, founded in Paris by Jean-Paul Sartre and Serge July in 1973 in the wake of the protest movements of May 1968. Initially positioned on the far-left of France's ...
'',
Charlie Hebdo ''Charlie Hebdo'' (; meaning ''Charlie Weekly'') is a French satirical weekly magazine, featuring cartoons, reports, polemics, and jokes. Stridently non-conformist in tone, the publication has been described as Anti-racism, anti-racist, sceptica ...
and associations, political parties, and various publications criticizing the current drug laws and advocating drug reform in France have been repeatedly hit with heavy fines based on this law. France does not implement any governmental prior censorship for written publications. Any violation of law must be processed through the courts. The government has a commission recommending
movie classification A motion picture content rating system Content rating, classifies films based on their suitability for audiences due to their treatment of issues such as sex, violence, or substance abuse; their use of profanity; or other matters typically deemed u ...
s, the decisions of which can be appealed before the courts. Another commission oversees publications for the youth. The Minister of the Interior can prohibit the sale of pornographic publications to minors, and can also prevent such publications from being publicly displayed or advertised; such decisions can be challenged before administrative courts. The government restricts the right of broadcasting to authorized radio and television channels; the authorizations are granted by an independent administrative authority; this authority has recently removed the broadcasting authorizations of some foreign channels because of their antisemitic content. In July 2019, the French National Assembly has passed the bill for strengthen online hate speech laws. The company requires to remove the content in 24 hours. On 18 June 2020, the French Constitutional Council struck down core provisions of the law. In the 11 June 2020 judgement, the European Court of Human Rights (ECtHR) found that BDS (Boycott, Divestment, and Sanctions) activists in the Baldassi case rightful. It confirmed the generous case law on the freedom of expression in the context of political debate: called to boycott represent a legitimate exercise of freedom of opinion as far as they do not prompt violence, hatred, or intolerance by any means. In the aftermath of the murder of Samuel Paty, a contentious discourse on freedom of speech in France was invoked. President
Emmanuel Macron Emmanuel Macron (; born 21 December 1977) is a French politician who has served as President of France since 2017. ''Ex officio'', he is also one of the two Co-Princes of Andorra. Prior to his presidency, Macron served as Minister of Econ ...
strenuously defended the re-publishing of the Charlie Hebdo cartoons, considering this a pure act of freedom of expression that is in line with the state principle of
laicity (; 'secularism') is the constitutional principle of secularism in France. Article 1 of the French Constitution is commonly interpreted as discouraging religious involvement in government affairs, especially religious influence in the determina ...
. This was met with outbursts in the
Islamic world The terms Muslim world and Islamic world commonly refer to the Islamic community, which is also known as the Ummah. This consists of all those who adhere to the religious beliefs and laws of Islam or to societies in which Islam is practiced. In ...
and reactions from different world leaders and international organizations regarding whether freedom of speech should be absolute.
Amnesty international Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
denounced what they perceived as selective exploitation of freedom of speech in France. Citing a number of measures taken after the incident that they likened to prior security changes, the organization reported arrests for "apology of terrorism", which they considered an arbitrary charge to curb opposition to the publication of the cartoons. The organization also criticized the country for its prosecutive record of "contempt for public officials" in France, including the BDS case and another in 2019 where two defendants were convicted for burning an effigy of Macron. It argued that such selectivity is to cover up other laicist violations of freedom of speech, like prohibiting Muslims from wearing religious symbols in schools and public sector jobs. Numerous agencies, such as FT, Politico, Le Monde, and AP were ordered to remove articles and change content on the orders of the
French Government The Government of France ( French: ''Gouvernement français''), officially the Government of the French Republic (''Gouvernement de la République française'' ), exercises executive power in France. It is composed of the Prime Minister, who ...
, vis a vis President Macron.


Germany

Freedom of expression is granted by Article 5 of the Basic Law for the Federal Republic of Germany, which also states that there is no censorship and that freedom of expression may be limited by law. The press is regulated by the law of Germany as well as all 16 States of Germany. The most important and sometimes controversial regulations limiting speech and the press can be found in the Criminal code: * ''
Insult An insult is an expression or statement (or sometimes behavior) which is disrespectful or scornful. Insults may be intentional or accidental. An insult may be factual, but at the same time pejorative, such as the word "inbred". Jocular exc ...
'' is punishable under Section 185. Satire and similar forms of art enjoy more freedom but have to respect human dignity (Article 1 of the Basic law). * '' Malicious Gossip'' and ''Defamation'' (Section 186 and 187). Utterances about facts (opposed to personal judgement) are allowed if they are true and can be proven. Yet journalists are free to investigate without evidence because they are justified by ''Safeguarding Legitimate Interests'' (Section 193). * ''
Hate speech Hate speech is defined by the ''Cambridge Dictionary'' as "public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation". Hate speech is "usually thoug ...
'' may be punishable if against ''segments of the population'' and ''in a manner that is capable of disturbing the public peace'' (Section 130 '' gitation of the People'), including racist agitation and antisemitism. * '' Holocaust denial'' is punishable according to Section 130 subsection 3. * ''Membership in or support of banned political parties'' (Section 86). Currently banned parties include the SRP and the
KPD The Communist Party of Germany (german: Kommunistische Partei Deutschlands, , KPD ) was a major political party in the Weimar Republic between 1918 and 1933, an underground resistance movement in Nazi Germany, and a minor party in West German ...
. * ''Dissemination of Means of Propaganda of Unconstitutional Organizations'' (Section 86). * ''Use of Symbols of Unconstitutional Organizations'' ( Section 86a). Items such as the
Swastika The swastika (卐 or 卍) is an ancient religious and cultural symbol, predominantly in various Eurasian, as well as some African and American cultures, now also widely recognized for its appropriation by the Nazi Party and by neo-Nazis. It ...
are banned. * ''Disparagement of'' ** ''the Federal President'' (Section 90). ** ''the State and its Symbols'' (Section 90a). * ''Insult to Organs and Representatives of Foreign States'' (Section 103). (will no longer be valid as of 2018) * ''Rewarding and Approving Crimes'' (Section 140). * ''Casting False Suspicion'' (Section 164). * ''Insulting of Faiths, Religious Societies and Organizations Dedicated to a Philosophy of Life if they could disturb public peace'' (Section 166). * ''Dissemination of Pornographic Writings'' (Section 184). The prohibition of insult, which has been widely criticized, led to 26,757 court cases, 21,454 convictions and 20,390 fines in 2013 alone. '' Politico'' has called Germany's
hate speech Hate speech is defined by the ''Cambridge Dictionary'' as "public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation". Hate speech is "usually thoug ...
laws "arguably the strictest anywhere in the Western world". Laws which have led to censorship or chilling effects online include
NetzDG The Network Enforcement Act (, NetzDG; german: Gesetz zur Verbesserung der Rechtsdurchsetzung in sozialen Netzwerken), also known colloquially as the Facebook Act (), is a German law that was passed in the Bundestag that officially aims to comba ...
and a type of ancillary copyright for press publishers which is a model for a pan-EU taxation proposal as of 2018. Outdoor assemblies must be registered beforehand. Individuals and groups may be banned from assembling, especially those whose fundamental rights have been revoked and banned political parties. The '' Love Parade'' decision (1 BvQ 28/01 and 1 BvQ 30/01 of 12 July 2001) determined that for an assembly to be protected it must comply with the concept of a constituent assembly, or the so-called narrow concept of assembly whereby the participants in the assembly must pursue a common purpose that is in the common interest.


Greece

The 14th article of the
Greek Constitution The Constitution of Greece ( el, Σύνταγμα της Ελλάδας, Syntagma tis Elladas) was created by the Fifth Revisionary Parliament of the Hellenes in 1974, after the fall of the Greek military junta and the start of the Third Hellen ...
guarantees the freedom of speech, of expression and of the
press Press may refer to: Media * Print media or news media, commonly called "the press" * Printing press, commonly called "the press" * Press (newspaper), a list of newspapers * Press TV, an Iranian television network People * Press (surname), a famil ...
for all but with certain restrictions or exceptions; for example although it generally forbids any preemptive or after the fact censorship, it allows public prosecutors ( el, εισαγγελείς) to order a confiscation of press (or other) publications (after having been published, not before) when the latter: * 14.3.a: insult Christianity or any other ''known'' (Greek: ) religion, * 14.3.b: insult the President of Greece, * 14.3.c: disclose information related to the Greek Armed Forces or to various aspects of Greek National Security, **have as a purpose the ''forceful overturning of the'' Greek ''System of Government'' (Greek: ), * 14.3.d: ''clearly'' (Greek: ) offend public decency, ''in the cases defined by'' Greek ''Law'' (Greek: ).


Hungary

Articles VII, VIII, IX, and X of the Fundamental Law of Hungary establishes the rights of freedom of expression, speech, press, thought, conscience, religion, artistic creation, scientific research, and assembly. Some of these rights are limited by the penal code: :Section 269 - Incitement against a community :A person who incites to hatred before the general public against ::a) the Hungarian nation, ::b) any national, ethnic, racial group or certain groups of the population, :shall be punishable for a felony offense with imprisonment up to three years. This list has been updated to include: "people with disabilities, various sexual identity and sexual orientation", effective from July 2013. It is also illegal under Section 269/C of the penal code and punishable with three years of imprisonment, to publicly "deny, question, mark as insignificant, attempt to justify the genocides carried out by the National Socialist and Communist regimes, as well as the facts of other crimes against humanity."1978. évi IV. törvény a Büntető Törvénykönyvről
(1978th Act IV. The Criminal Code) as amended, accessed 13 November 2012


Ireland

Freedom of speech is protected by Article 40.6.1 of the Irish constitution. However the article qualifies this right, providing that it may not be used to undermine "public order or morality or the authority of the State". Furthermore, the constitution explicitly requires that the publication of "seditious, or indecent matter" be a criminal offence. This led to the government passing blasphemy legislation on 8 July 2009. However, in May 2018 there was a referendum which removed the word "blasphemous" from the constitution. The scope of the protection afforded by this Article has been interpreted restrictively by the judiciary, largely as a result of the wording of the Article, which qualifies the right before articulating it. Indeed, until an authoritative pronouncement on the issue by the Supreme Court, many believed that the protection was restricted to "convictions and opinions" and, as a result, a separate right to communicate was, by necessity, implied into Article 40.3.2. Under the
European Convention on Human Rights Act 2003 The European Convention of Human Rights Act 2003 is an act of the Irish parliament, the Oireachtas, which gave further effect to the European Convention on Human Rights in Irish law. It is substantially similar to the UK's Human Rights Act 1998. ...
, all of the rights afforded by the European Convention serve as a guideline for the judiciary to act upon. The act is subordinate to the constitution.


Italy

In Italy the Constitution guarantees freedom of speech, as stated in Article 21, Paragraph 1: :Anyone has the right to freely express their thoughts in speech, writing, or any other form of communication. The Article also gives restrictions against those acts considered offensive by public morality, as stated in Paragraph 6: :Publications, performances, and other exhibits offensive to public morality shall be prohibited. Measures of preventive and repressive measure against such violations shall be established by law. Such restrictions are enforced through the Italian
Penal Code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...
which, for example, includes articles that prohibit: * insults against the honor and prestige of the President (Art. 278), *
vilification Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
of a person's religion (Art. 403), * insults against the honor and decorum of others (Art. 594) (repealed as of 2016), and *
defamation Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
of another person (Art. 595). The Suprem Court has long since ruled that the legitimate exercise of the rights of news reporting and journalistic criticism is conditioned by the limit, in addition to truth and public interest, of continence, understood as the formal correctness of the exposition and not exceeding what is strictly necessary for the public interest, so as to ensure news and criticism do not appear through instruments and methods that are detrimental to the fundamental rights to honor and reputation. Commercial advertising of artwork owned by the government, such as Michelangelo's David (created in the 16th century), require an assessment of the adequacy of the image, which must respect cultural dignity.


Malta

Blasphemy against the Roman Catholic church was illegal in Malta. However, the law was repealed in 2016.


Netherlands

Article 7 of the Dutch Constitution ( Grondwet) in its first paragraph grants everybody the right to make public ideas and feelings by printing them without prior censorship, but not exonerating the author from their liabilities under the law. The second paragraph says that radio and television will be regulated by law, but that there will be no prior censorship dealing with the content of broadcasts. The third paragraph grants a similar freedom of speech as in the first for other means of making ideas and feelings public, but allowing censorship for reasons of decency when the public that has access may be younger than sixteen years of age. The fourth and last paragraph exempts commercial advertising from the freedoms granted in the first three paragraphs. The penal code does have laws sanctioning certain types of expression. Such laws and freedom of speech were at the centre of a public debate in The Netherlands after the arrest on 16 May 2008 of cartoonist Gregorius Nekschot. On 1 February 2014, the Dutch Parliament abolished the law penalizing blasphemy. Laws that punish discriminatory speech exist and are occasionally used to prosecute. The Dutch Criminal Code § 137(c) criminalizes: :… deliberately giv ngpublic expression to views insulting to a group of persons on account of their race, religion, or conviction or sexual preference.


Poland

Historically, the Statutes of Wiślica introduced in 1347 by
Casimir III of Poland Casimir III the Great ( pl, Kazimierz III Wielki; 30 April 1310 – 5 November 1370) reigned as the King of Poland from 1333 to 1370. He also later became King of Ruthenia in 1340, and fought to retain the title in the Galicia-Volhynia Wars. He wa ...
codified freedom of speech in
medieval Poland This article covers the history of Poland in the Middle Ages. This time covers roughly a millennium, from the 5th century to the 16th century. It is commonly dated from the Fall of the Western Roman Empire, and contrasted with a later Early Modern ...
, for example book publishers were not to be persecuted. The idea of
freedom of speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...
was in general highly respected by the Polish elites and established in the Golden Freedoms of the
Polish nobility The ''szlachta'' (Polish: endonym, Lithuanian: šlėkta) were the noble estate of the realm in the Kingdom of Poland, the Grand Duchy of Lithuania, and the Polish–Lithuanian Commonwealth who, as a class, had the dominating position in the ...
, and it was one of the key dimensions distinguishing the Polish–Lithuanian Commonwealth from the more restrictive absolute monarchies, common in contemporary Europe. On 18 July 2003, about 30 human rights activists were temporarily detained by the police, allegedly for insulting Vladimir Putin, a visiting head of state. The activists were released after about 30 hours and only one was actually charged with insulting a foreign head of state. A law forbidding anyone from blaming the state of Poland for Holocaust atrocities during World War II was voted by lawmakers on January 26, 2018. Following passage of the law the nationalist government normalized
hate speech Hate speech is defined by the ''Cambridge Dictionary'' as "public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation". Hate speech is "usually thoug ...
and censored fact-based investigations. In 2019, Polish authorities arrested an LGBT activist. They charged her with blasphemy for hanging posters of the Virgin Mary beside baby Jesus with a rainbow-coloured halo. Also in 2019, a 1973 art video exhibit of a woman eating a banana was removed on "moral grounds" which prompted protests against the act of censorship.
Insulting a monument Profaning a monument ( pl, Znieważenie pomnika), also translated as insulting a monument, is criminalized by Article 261 of the Criminal Code of Poland, punishable by a fine or restriction of liberty. The law makes no distinction between worthy ...
is a crime in Poland, punishable by a fine or restriction of liberty. The crime does not require physical damage to the monument; a separate article criminalizes vandalism.


Portugal

After Salazar's dictatorship was overthrown in 1974, Article 37 of the Portuguese Constitution prohibits censorship of opinion and information.


Spain

Article 578 of the
Penal Code of Spain Penal is a town in south Trinidad, Trinidad and Tobago. It lies south of San Fernando, Princes Town, and Debe, and north of Moruga, Morne Diablo and Siparia. It was originally a rice- and cocoa-producing area but is now a rapidly expanding an ...
prohibits the " Glorification or
justification Justification may refer to: * Justification (epistemology), a property of beliefs that a person has good reasons for holding * Justification (jurisprudence), defence in a prosecution for a criminal offenses * Justification (theology), God's act of ...
, by any means of public expression or dissemination, of the crimes included in Articles 571-577 of this Code or of those who participated in its execution, or performance of acts involving disrepute, contempt or humiliation of the victims of terrorist offenses or their families ... In January 2014, a judge of the ' banned a planned march in Bilbao in support of jailed members of the Basque terrorist group
ETA Eta (uppercase , lowercase ; grc, ἦτα ''ē̂ta'' or ell, ήτα ''ita'' ) is the seventh letter of the Greek alphabet, representing the close front unrounded vowel . Originally denoting the voiceless glottal fricative in most dialects, ...
that was organized by the group ("Drop for drop" in Basque) on the basis that he considered the group to be the successor to Herrira, whose activities had been banned because of its suspected links to jailed ETA militants. In February 2014, a Twitter user was convicted for expressing praise for the terrorist group
GRAPO The First of October Anti-Fascist Resistance Groups ( es, Grupos de Resistencia Antifascista Primero de Octubre, GRAPO) was a Spanish clandestine Marxist–Leninist group aiming for the formation of a Spanish Republican state. Besides its anti- ...
inactive since 90s but not yet formally self-dissolved.


Sweden

Freedom of speech is regulated in three parts of the
Constitution of Sweden The Basic Laws of Sweden ( sv, Sveriges grundlagar) are the four constitutional laws of the Sweden, Kingdom of Sweden that regulate the Politics of Sweden, Swedish political system, acting in a similar manner to the constitutions of most countries ...
: * ', Chapter 2 (Fundamental Rights and Freedoms) protects personal freedom of expression "whether orally, pictorially, in writing, or in any other way". * ' (Freedom of the Press Act) protects the freedom of printed press, as well as the principle of free access to public records (Principle of Public Access) and the right to communicate information to the press anonymously. For a newspaper to be covered by this law, it must be registered and have a "legally responsible publisher", a Swedish legal term meaning a person who is ultimately accountable for the printed material. * ' (Fundamental Law on Freedom of Expression) extends protections similar to those of ' to other media, including television, radio and web sites. Hate speech laws prohibit threats or expressions of contempt based on race, skin colour, nationality or ethnic origin, religious belief or sexual orientation. In the weeks preceding the election of 2010, the privately owned TV channel TV4 refused to show an advertisement of the
Sweden Democrats The Sweden Democrats ( sv , Sverigedemokraterna ; SD ) is a nationalist and right-wing populist political party in Sweden. As of 2022, it is the largest member of Sweden's right-wing governing bloc to which it provides confidence and supply, a ...
party, fearing that it could be prosecuted for publishing hate speech. The ad displayed women in traditional Islamistic
burkha A burqa or a burka, or , and ur, , it is also transliterated as burkha, bourkha, burqua or burqu' or borgha' and is pronounced natively . It is generally pronounced in the local variety of Arabic or variety of Persian, which varies. Exampl ...
s reaching for an emergency brake labelled with the text "Pensions", and an elderly woman reaching for an emergency brake labelled with the text "Immigration", thus implying that there is a fiscal conflict between pension payments and allowing immigration. The law regulating TV and radio broadcasts had previously expressly prohibited discrimination against advertisers, granting a rejected advertiser the right to complain to a national board. However, the ban was lifted just two months before the election, thus making it possible for TV and radio broadcasters to opt out on some parties while showing the commercials of other parties."TV4 får rata politisk annons"
TV4 may level political ad", Johan Hellekant, Swedish Dagbladet (SvD), 5 September 2010.
This was the first election when the
Sweden Democrats The Sweden Democrats ( sv , Sverigedemokraterna ; SD ) is a nationalist and right-wing populist political party in Sweden. As of 2022, it is the largest member of Sweden's right-wing governing bloc to which it provides confidence and supply, a ...
gained seats in the
Swedish Parliament The Riksdag (, ; also sv, riksdagen or ''Sveriges riksdag'' ) is the legislature and the supreme decision-making body of Sweden. Since 1971, the Riksdag has been a unicameral legislature with 349 members (), elected proportionally and s ...
. Some Danish ministers criticized the TV4 decision as democratically unacceptable. Prior to the election of 2014, the General Secretary for the Swedish Red Cross and former discrimination ombudsman Peter Nobel demanded that the Nazistic Swedes Party be banned."Jurister: Inget hinder för att förbjuda nazistorganisationer"
Lawyers: No obstacles to ban Nazi organizations", Ossi Carp and Erik de la Reguera, ''Daily News'' (DN.se), 31 August 2014.
A former police intendent, Erik Rönnegård, stated in the juridical newspaper, ''Dagens Juridik'', that not banning the party showed incompetence of both the police and the judiciary. A large newspaper, ''
Aftonbladet ''Aftonbladet'' (, lit. "The evening paper") is a Swedish daily newspaper published in Stockholm, Sweden. It is one of the largest daily newspapers in the Nordic countries. History and profile The newspaper was founded by Lars Johan H ...
'', interviewed "many lawyers" who said that the party must be banned and not banning the party is not in accordance with the United Nations convention on racism."Tung kritik mot svensk hållning kring nazidemonstrationer"
Heavy criticism of the Swedish attitude about Nazi demonstrations", John Granlund and Pär Karlsson, ''Aftonbladet'', 31 August 2014.
According to the largest Swedish newspaper '' Dagens Nyheter'' the governmental decision not to ban the party has been criticized "by many". Both the Prime Minister and Minister of Justice said that freedom of speech must be respected and no parties should be banned. Holding a demonstration requires permission from the Swedish police. The police have so far granted demonstration permissions to the Swedes Party, but
Swedish Left Party The Left Party ( sv, Vänsterpartiet ; V) is a socialist political party in Sweden. On economic issues, the party opposes privatizations and advocates increased public expenditure. In foreign policy, the party is Eurosceptic, being opposed to ...
leader Jonas Sjöstedt has criticized the police for issuing permissions "so generously". The Swedes Party was disbanded on 10 May 2015. Other laws or exceptions related to freedom of expression in Sweden concern high treason, war mongering, espionage, unauthorized handling of classified information, recklessness with classified information, Insurgency, treason, recklessness that damages the nation, rumour mongering that hurts national security, inciting crime, crimes that obstruct civil liberties, illegal depictions of violence,
libel Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
, insults, illegal threats, threats towards police officers or security guards and abuse during legal proceedings.


Norway

Article 100 of the Norwegian Constitution has granted freedom of speech since 1814 and is mostly unchanged since then. Article 142 of the penal code was a law against blasphemy, but no one has been charged since 1933. It was removed as of 29 May 2015. Article 135a of the penal code is a law against hate speech, which is debated and not widely used. Article 100 in the Constitution states: * There shall be freedom of expression. * No person may be held liable in law for having imparted or received information, ideas or messages unless this can be justified in relation to the grounds for freedom of expression, which are the seeking of truth, the promotion of democracy and the individual's freedom to form opinions. Such legal liability shall be prescribed by law. * Everyone shall be free to speak their mind frankly on the administration of the State and on any other subject whatsoever. Clearly defined limitations to this right may only be imposed when particularly weighty considerations so justify in relation to the grounds for freedom of expression. * Prior censorship and other preventive measures may not be applied unless so required in order to protect children and young persons from the harmful influence of moving pictures. Censorship of letters may only be imposed in institutions. * Everyone has a right of access to documents of the State and municipal administration and a right to follow the proceedings of the courts and democratically elected bodies. Limitations to this right may be prescribed by law to protect the privacy of the individual or for other weighty reasons. * It is the responsibility of the authorities of the State to create conditions that facilitate open and enlightened public discourse. Norway has however several laws that ban the right to impart information, such as laws against alcohol and tobacco advertisement on television, radio, newspapers and on the internet.


Russia

Various aspects of the contemporary press freedom situation are criticized by multiple international organizations.Human Rights Reports: Russia
US BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR; 2013
The Russian constitution provides for freedom of speech and press, however, government application of law, bureaucratic regulation, and politically motivated criminal investigations have forced the press to exercise
self-censorship Self-censorship is the act of censoring or classifying one's own discourse. This is done out of fear of, or deference to, the sensibilities or preferences (actual or perceived) of others and without overt pressure from any specific party or insti ...
constraining its coverage of certain controversial issues, resulting in infringements of these rights. According to Human Rights Watch, the Russian government exerts control over civil society through selective implementation of the law, restriction and censure. The 2002 Federal Law on Counteracting Extremist Activity codifies a definition of "extremism", prohibits advocacy of extreme political positions, imposes liability on organizations that do not disavow the "extremist" statements of their members, and allows government authorities to suspend, without court order, social and religious organizations and political parties. In 2014, Russia strengthened criminal responsibility for crimes under Art. 280 ("public calls for extremist activity"), Art. 282 ("inciting hatred or hostility, and humiliation of human dignity"), Art. 282 Part 1 ("the organization of an extremist community") and Art. 282 Part 2 ("the organization of an extremist organization") of the Criminal Code. Under the strengthened laws, those convicted of "extremist activity" face up to six years in prison. During
2022 Russian invasion of Ukraine On 24 February 2022, in a major escalation of the Russo-Ukrainian War, which began in 2014. The invasion has resulted in tens of thousands of deaths on both sides. It has caused Europe's largest refugee crisis since World War II. An ...
censorship laws were enacted, prohibiting a dissemination of "unreliable information" about the operation and "discrediting" the
Russian Armed Forces The Armed Forces of the Russian Federation (, ), commonly referred to as the Russian Armed Forces, are the military forces of Russia. In terms of active-duty personnel, they are the world's fifth-largest military force, with at least two m ...
. The laws provide imprisonment for up to 15 years for a "dissemination of unreliable information about
Russian Armed Forces The Armed Forces of the Russian Federation (, ), commonly referred to as the Russian Armed Forces, are the military forces of Russia. In terms of active-duty personnel, they are the world's fifth-largest military force, with at least two m ...
and its operations".. Roskomnadzor ordered mass media organizations to remove any material using the terms "war", "assault", "invasion", etc. In addition, Roskomnadzor ordered to block access to the Russian Wikipedia in Russia, over the article " Вторжение России на Украину (2022)" ("Russia's invasion of Ukraine (2022)").. Some critics suspect opponents of Vladimir Putin who died in suspicious circumstances have been assassinated.


Switzerland

Freedom of expression and information is protected by Article 16 of the Swiss constitution, which states that: 1. Freedom of expression and of information is guaranteed. 2. Every person has the right to freely form, express and impart their opinions. 3. Every person has the right freely to receive information, to gather it from generally accessibly sources and to disseminate it. Article 261 of the Swiss Criminal Code covers "the attack on the freedom of faith and on the freedom to worship" and "discrimination and incitement to hatred". In regards to the first section it states that: "any person who publicly and maliciously insults or mocks the religious convictions of others, and in particularly their belief in God, or maliciously desecrates objects of religious veneration, any person who maliciously prevents, disrupts or publicly mocks an act of worship, the conduct of which is guaranteed by the Constitution, or any person who maliciously desecrates a place or object that is intended for a religious ceremony or an act of worship the conduct of which is guaranteed by the Constitution. is liable to a monetary penalty." The second section states that: "any person who publicly incites hatred or discrimination against a person or a group of persons on the grounds of their race, ethnic origin, religion or sexual orientation, any person who publicly disseminates ideologies that have as their object the systematic denigration or defamation of that person or group of persons, any person who with the same objective organises, encourages or participates in propaganda campaigns, any person who publicly denigrates or discriminates against another or a group of persons on the grounds of their race, ethnic origin, religion or sexual orientation in a manner that violates human dignity, whether verbally, in writing or pictorially, by using gestures, through acts of aggression or by other means, or any person who on any of these grounds denies, trivialises or seeks justification for genocide or other crimes against humanity, any person who refuses to provide a service to another on the grounds of that person’s race, ethnic origin, religion or sexual orientation when that service is intended to be provided to the general public, is liable to a custodial sentence not exceeding three years or to a monetary penalty. Article 258 of the Swiss Criminal Code (Causing fear and alarm among the general public) states that: "Any person who causes fear and alarm among the general public by threatening or feigning a danger to life, limb or property is liable to a custodial sentence not exceeding three years or to a monetary penalty." Article 259 of the Swiss Criminal Code (Public incitement to commit a felony or act of violence) states that: "Any person who publicly incites others to commit a felony is liable to a custodial sentence not exceeding three years or to a monetary penalty."


United Kingdom

United Kingdom citizens have a negative right to freedom of expression under the common law. In 1998, the United Kingdom incorporated the European Convention, and the guarantee of freedom of expression it contains in Article 10, into its domestic law under the Human Rights Act. However, there is a broad sweep of exceptions including threatening, abusive or insulting words or behavior intending or likely to cause harassment, alarm or distress or cause a breach of the peace (which has been used to prohibit
racist Racism is the belief that groups of humans possess different behavioral traits corresponding to inherited attributes and can be divided based on the superiority of one race over another. It may also mean prejudice, discrimination, or antagonism ...
speech targeted at individuals), sending any article which is indecent or grossly offensive with an intent to cause distress or anxiety (which has been used to prohibit speech of a racist or anti-religious nature), incitement, incitement to racial hatred, incitement to religious hatred, incitement to terrorism including encouragement of terrorism and dissemination of terrorist publications, glorifying terrorism, collection or
possession Possession may refer to: Law * Dependent territory, an area of land over which another country exercises sovereignty, but which does not have the full right of participation in that country's governance * Drug possession, a crime * Ownership * ...
of a document or record containing information likely to be of use to a terrorist,Possession of '' Inspire'' has been successfully prosecuted under Section 58 of the Terrorism Act 2000. treason including advocating for the abolition of the monarchy or compassing or imagining the death of the monarch,
sedition Sedition is overt conduct, such as speech and organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, estab ...
(no longer illegal, sedition and seditious libel (as common law offences) were abolished by section 73 of the
Coroners and Justice Act 2009 The Coroners and Justice Act 2009 (c. 25) is an Act of the Parliament of the United Kingdom. It changed the law on coroners and criminal justice in England and Wales. Among its provisions are: *preventing criminals from profiting from publica ...
(with effect on 12 January 2010)),
obscenity An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin ''obscēnus'', ''obscaenus'', "boding ill; disgusting; indecent", of uncertain etymology. Such loaded language can be use ...
, indecency including corruption of public morals and
outraging public decency Outraging public decency is a common law offence in England and Wales,Halsbury's Laws of England 5th edition, volume 26, paragraph 717 Hong Kong and the Australian states of New South Wales and Victoria. It is punishable by unlimited imprisonmen ...
, defamation, prior restraint, restrictions on court reporting including names of victims and evidence and prejudicing or interfering with court proceedings, prohibition of post-trial interviews with
jurors A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England duri ...
, scandalising the court by criticising or murmuring judges, time, manner, and place restrictions, harassment, privileged communications, trade secrets, classified material, copyright, patents, military conduct, and limitations on commercial speech such as advertising. So-called " gagging orders" also serve as a form of censorship. UK laws on
defamation Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
are among the strictest in the western world, imposing a high burden of proof on the defendant. However, the
Education (No. 2) Act 1986 The Education (No. 2) Act 1986 is an Act of the Parliament of the United Kingdom that made various legal changes to education in the UK. Though introduced to the House of Commons by his immediate successor Kenneth Baker, the Act was prepared by ...
guarantees freedom of speech (within institutions of further education and institutions of higher education) as long as it is within the law (see section 43 of the Education (No. 2) Act 1986). UK defamation law may have experienced a considerable liberalising effect as a result of the ruling in ''Jameel v Wall Street Journal'' in October 2006. A ruling of the House of Lords—the then highest court of appeal—revived the so-called ''Reynolds'' Defence, in which journalism undertaken in the public interest shall enjoy a complete defence against a libel suit. Conditions for the defence include the right of reply for potential claimants, and that the balance of the piece was fair in view of what the writer knew at the time. The ruling removed the awkward—and hitherto binding—conditions of being able to describe the publisher as being under a duty to publish the material and the public as having a definite interest in receiving it. The original House of Lords judgment in Reynolds was unclear and held 3–2; whereas Jameel was unanimous and resounding.
Lord Hoffman Leonard Hubert "Lennie" Hoffmann, Baron Hoffmann (born 8 May 1934) is a retired senior South African–British judge. He served as a Lord of Appeal in Ordinary from 1995 to 2009. Well known for his lively decisions and willingness to break ...
's words, in particular, for how the judge at first instance had applied Reynolds so narrowly, were very harsh. Hoffman LJ made seven references to Eady J, none of them favorable. He twice described his thinking as unrealistic and compared his language to "the jargon of the old Soviet Union." The Defamation Act 2013 reformed English defamation law on issues of the right to freedom of expression and the protection of reputation, and abolished the Reynolds Defence, Reynolds v Times Newspapers Ltd, also replacing the common law defences of justification and fair comment. The
Video Recordings Act 2010 The Video Recordings Act 2010 (c.1) is an Act of the Parliament of the United Kingdom that received Royal Assent on 21 January 2010. The Act repealed and then brought back into force parts of the Video Recordings Act 1984 which related to the r ...
requires most video recordings and some video games offered for sale in the United Kingdom to display a classification supplied by the BBFC. There are no set regulations as to what cannot be depicted in order to gain a classification as each scene is considered in the context of the wider intentions of the work; however images that could aid, encourage, or are a result of the committing of a crime, along with sustained and graphic images of torture or sexual abuse are the most likely to be refused. The objectionable material may be cut by the distributor in order to receive a classification, but with some works it may be deemed that no amount of cuts would be able to make the work suitable for classification, effectively banning that title from sale in the country. Cinemas by convention use BBFC classifications, but recordings refused a classification by the BBFC may still be shown in
cinemas A movie theater (American English), cinema (British English), or cinema hall (Indian English), also known as a movie house, picture house, the movies, the pictures, picture theater, the silver screen, the big screen, or simply theater is a ...
providing the local authority, from which a cinema must have a licence to operate, will permit them. The
Malicious Communications Act 1988 The Malicious Communications Act 1988 (MCA) is a British Act of Parliament that makes it illegal in England and Wales to "send or deliver letters or other articles for the purpose of causing distress or anxiety". It also applies to electronic com ...
and Communications Act 2003 have been used to restrict what individuals may post on social networks. Under the latter law, the 2018 trial and conviction of
Mark Meechan Mark Meechan () (born 19 October 1987) is a Scottish YouTuber and former UK Independence Party candidate for the European Parliament. He uses the online name Count Dankula. Meechan received press coverage when he posted a video showing him te ...
, a Scottish YouTuber, provoked an international response. In similar circumstances a woman from Liverpool was convicted of sending "an offensive message" after quoting rap lyrics including the N-word on her
Instagram Instagram is a photo and video sharing social networking service owned by American company Meta Platforms. The app allows users to upload media that can be edited with filters and organized by hashtags and geographical tagging. Posts can ...
(later overturned on appeal). In February 2019, former London mayor and former Prime Minister, Boris Johnson, wrote an article in '' The Telegraph'' titled: "Why are the police wasting time arresting Twitter transphobes when they could be tackling knife crime?" in which he complains of the heavy-handedness of police to Twitter posts in the United Kingdom. In February 2020 a previous visit by British police to a man who was told to ''check your thinking'' and accused of posting "transphobic" tweets was found to be unlawful by the High Court. The court determined the police force's actions were a "disproportionate interference" with his right to freedom of expression. In February 2021 a Scottish man from Lanark was arrested for an ''offensive tweet'' about a deceased World War II veteran that included the message ''The only good Brit soldier is a deed one, burn auld fella, buuuuurn.''


North America


Canada


Constitutional guarantees

Freedom of expression in Canada is guaranteed by section 2(b) of the Canadian Charter of Rights and Freedoms: :2. Everyone has the following fundamental freedoms: ::... ::(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication Section 1 of the Charter establishes that the guarantee of freedom of expression and other rights under the Charter are not absolute and can be limited under certain situations: :1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it ''subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society''. (emphasis added) Other laws that protect freedom of speech in Canada, and did so, to a limited extent, before the Charter was enacted in 1982, include the Implied Bill of Rights, the ''
Canadian Bill of Rights The ''Canadian Bill of Rights'' (french: Déclaration canadienne des droits) is a federal statute and bill of rights enacted by the Parliament of Canada on August 10, 1960. It provides Canadians with certain rights at Canadian federal law in rel ...
'' and the Saskatchewan Bill of Rights.


Supreme Court decisions

''
R v Keegstra ''R v Keegstra'', 9903 SCR 697 is a freedom of expression decision of the Supreme Court of Canada where the court upheld the ''Criminal Code'' provision prohibiting the wilful promotion of hatred against an identifiable group as constitutional u ...
'', decided in 1990, is one of the major Supreme Court decisions relating to freedom of expression. Section 318 of the Criminal Code makes it a criminal offence to promote genocide against members of an identifiable group, based on their colour, race, religion, ethnic origin, sexual orientation or gender expression or identity. Section 319 of the Code makes it an offence to publicly incite hatred against people based on the same list of personal characteristics from s. 318, except where the statements made are true or are made in good faith. In ''Keegstra'', the Supreme Court by a 4-3 decision upheld the offence of publicly inciting hatred, finding that while it infringes the guarantee of freedom of expression, it is a reasonable limit and justifiable under s. 1 of the Charter. When originally enacted, the list of protected personal grounds in s. 318 did not include sexual orientation, gender identity or gender expression. Sexual orientation was added to the list in 2004, when Parliament passed An Act to amend the Criminal Code (hate propaganda). In 2017, Parliament added gender identity and gender expression to the list of protected personal grounds in s. 318 by '' An Act to amend the Canadian Human Rights Act and the Criminal Code''. Two years after the ''Keegstra'' decision, the
Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
in 1992 decided the case of '' R v Zundel''. The Court struck down a provision in the Criminal Code that prohibited publication of false information or news, stating that it violated section 2(b) of the Charter and could not be justified under s. 1.


Human rights complaints

Canada has had a string of low-profile court cases in which writers and publishers have been the targets of human rights complaints for their writings, in both magazines and web postings. The human rights process in Canada is civil in nature, not criminal. Most of those complaints were withdrawn or dismissed. * In 2002 Darren Lund, a professor at the University of Calgary, filed a complaint against Reverend Stephen Boissoin and the Concerned Christian Coalition with the Alberta Human Rights Commission, alleging that Boisson's letter to the ''
Red Deer Advocate The ''Red Deer Advocate'' is a daily newspaper in Red Deer, Alberta, Canada. Published by Black Press, the newspaper was first established in 1901 as the ''Red Deer Echo'', changing its name to ''Alberta Advocate'' in 1903 and ''Red Deer Advoca ...
'' was "likely to expose homosexuals to hatred and/or contempt." The Alberta Human Rights Panel found that Boissoin and the Coalition had infringed the hate publication provision of the ''Alberta Human Rights Act''. The Panel ordered Boissoin and the Coalition to cease publishing disparaging remarks about gays and homosexuals; to apologize to Lund; to pay $5,000 in damages to Lund; and to pay costs, up to $2,000. The decision was overturned in 2009 when the
Alberta Court of Queen's Bench The Court of King's Bench of Alberta (abbreviated in citations as ABKB or Alta. K.B.) is the superior court of the Canadian province of Alberta. Until 2022, it was named Court of Queen's Bench of Alberta. The Court of Queen's Bench in Calgary wa ...
found that the contents of the letter did not violate the hate publication provision of the Alberta Human Rights Act; that there was no evidence to support a finding against the Coalition; and that the remedies which had been imposed were either unlawful or unconstitutional. The court's decision was upheld by the Alberta Court of Appeal in 2012. * In February 2006, Calgary
Sufi Muslim Sufism ( ar, ''aṣ-ṣūfiyya''), also known as Tasawwuf ( ''at-taṣawwuf''), is a mystic body of religious practice, found mainly within Sunni Islam but also within Shia Islam, which is characterized by a focus on Islamic spirituality, r ...
leader
Syed Soharwardy Allama Syed Badiuddin Soharwardy (born 1955 in Karachi) is a Sunni scholar, a shaykh of the Suhrawardi Sufi order, chairman of the Al-Madinah Calgary Islamic Assembly, and is the founder and current president of the Islamic Supreme Council of Ca ...
filed a human rights complaint against ''
Western Standard The ''Western Standard'' is a Canadian political and social commentary media website operated by Western Standard New Media Corp. and its president Derek Fildebrandt. The Standard is based in Calgary, Alberta, where its main offices are located. ...
'' publisher Ezra Levant. Levant was compelled to appear before the Alberta Human Rights Commission to discuss his intention in publishing the Muhammad cartoons. Levant posted a video of the hearing on YouTube. Levant questioned the competence of the commission to take up the issue, and challenged it to convict him, "and sentence me to the apology", stating that he would then take "this junk into the real courts, where eight hundred years of common law" would come to his aid. In February 2008, Soharwardy dropped the complaint noting that "most Canadians see this as an issue of freedom of speech, that that principle is sacred and holy in our society." * In May 2006, the Edmonton Council of Muslim Communities filed another human rights complaint against the ''Western Standard'' over the publishing of the cartoons. In August 2008, the Alberta Human Rights Commission dismissed the complaint, stating that, "given the full context of the republication of the cartoons, the very strong language defining hatred and contempt in the case law as well as consideration of the importance of freedom of speech and the 'admonition to balance,' the southern director concludes that there is no reasonable basis in the information for this complaint to proceed to a panel hearing."Human rights complaint dismissal spurs more debate
by Paul Lungen, ''Canadian Jewish News'', 21 August 2008. Retrieved 21 October 2008.
* In 2007, the Canadian Islamic Congress filed complaints filed with the Canadian Human Rights Commission, the Ontario Human Rights Commission and the
British Columbia Human Rights Tribunal The British Columbia Human Rights Tribunal is a quasi-judicial human rights body in British Columbia, Canada. It was established under British Columbia's ''Human Rights Code''. It is responsible for "accepting, screening, mediating and adjudicati ...
, all related to an article "The Future Belongs to Islam", written by Mark Steyn, published in '' Maclean's'' magazine. The complainants alleged that the article violated their human rights by exposing them to hatred, as did the refusal by ''Maclean's'' to provide space for a rebuttal. The complainants also claimed that the article was one of twenty-two ''Maclean's'' articles, many written by Steyn, about Muslims. The Ontario Human Rights Commission, the British Columbia Human Rights Tribunal and the Canadian Human Rights Commission all dismissed the complaints in spring 2008. * In Saskatchewan, human rights complaints were filed against
Bill Whatcott William Gary Whatcott (born 16 October 1967), known as Bill Whatcott, is a Canadian social conservative activist who campaigns against homosexuality and abortion. The dramatic nature of his activities have attracted attention from the media, inc ...
alleging that four pamphlets he distributed in Regina and Saskatoon in 2002 promoted hatred against individuals based on their sexual orientation. The complaints were upheld in 2005 by the Saskatchewan Human Rights Tribunal, which ordered Whatcott to pay damages to each of the four complainants, totalling $17,500, and also ordered him not to publish similar pamphlets. Whatcott appealed to the Saskatchewan Court of Queen's Bench, which dismissed the appeal in 2007. However, in February 2010, Whatcott succeeded in his appeal to the Saskatchewan Court of Appeal, which found that the pamphlets did not infringe the hate publication provision of the Saskatchewan Human Rights Code. Part of the judgment allowing his appeal commented that the pamphlets related to "... the manner in which children in the public school system are to be exposed to messages about different forms of sexuality and sexual identity." The judgment went to say: "This is beyond question an important matter of public policy and it is inherently controversial. It must always be open to public debate. That debate will sometimes be polemical and impolite." The
Saskatchewan Human Rights Commission The Saskatchewan Human Rights Commission is a body within the Government of Saskatchewan whose mission is "To promote and protect the individual dignity, fundamental freedoms and equal rights of Saskatchewan citizens''.''"Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
. In February 2013, the Court allowed the commission's appeal in '' Saskatchewan Human Rights Commission v Whatcott'' and held that, although Bible passages, biblical beliefs and the principles derived from those beliefs can be legally and reasonably advanced in public discourse, extreme manifestations of the emotion described by the words "detestation" and "vilification" cannot be.


Cuba


Constitutional guarantees

Freedom of speech in Cuba is guaranteed by Article 53 of the Constitution of Cuba, and freedom of association by Article 54. These read:


Censorship

Books, newspapers, radio channels, television channels, movies and music are censored. Cuba is one of the world's worst offenders of free speech according to the Press Freedom Index 2008. RWB states that Cuba is "the second biggest prison in the world for journalists" after the People's Republic of China.


Honduras


Mexico


United States

In the United States, freedom of expression is protected by the First Amendment to the United States Constitution, and by precedents set in various legal cases. There are several common-law exceptions, including obscenity,
defamation Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
, incitement to riot or
imminent lawless action "Imminent lawless action" is one of several legal standards American courts use to determine whether certain speech is protected under the First Amendment of the United States Constitution. The standard was first established in 1969 in the Unite ...
, fighting words, fraud, speech covered by copyright, and speech integral to criminal conduct; this is not to say that it ''is'' illegal, but just that either state governments or the federal government ''may'' make them illegal. There are federal criminal law statutory prohibitions covering all the common-law exceptions other than defamation, of which there is civil law liability, as well as terrorist threats,
making false statements Making false statements () is the common name for the United States federal process crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits knowingly and willfully making false or fraudulent statements, or ...
in "matters within the jurisdiction" of the federal government, speech related to information decreed to be related to
national security National security, or national defence, is the security and defence of a sovereign state, including its citizens, economy, and institutions, which is regarded as a duty of government. Originally conceived as protection against military atta ...
such as military and classified information,
false advertising False advertising is defined as the act of publishing, transmitting, or otherwise publicly circulating an advertisement containing a false claim, or statement, made intentionally (or recklessly) to promote the sale of property, goods, or servic ...
, perjury, privileged communications, trade secrets, copyright, and patents. There also exist so-called " gag orders" which prevent the recipient of search warrants and certain court orders (such as those concerning
national security letter A national security letter (NSL) is an administrative subpoena issued by the United States government to gather information for national security purposes. NSLs do not require prior approval from a judge. The Stored Communications Act, Fair Cred ...
s, subpoenas, pen registers and
trap and trace device A trap and trace device captures incoming phone calls to a particular number, similar to a how a pen register captures outgoing phone calls. Description Title 18 of the United States Code defines a trap and trace device as follows: : The term ...
s, (d) orders,
suspicious activity report In financial regulation, a Suspicious Activity Report (SAR) or Suspicious Transaction Report (STR) is a report made by a financial institution about suspicious or potentially suspicious activity. The criteria to decide when a report must be ma ...
s) from revealing them. Most states and localities have many identical restrictions, as well as harassment, and time, place and manner restrictions. In addition, in California it is a crime to post a police officer's or public safety official's address or telephone number on the Internet for the purpose of obstruction of justice or retaliation for the exercise of official duties. Historically, local communities and governments have sometimes sought to place limits upon speech that was deemed subversive or unpopular. There was a significant struggle for the right to free speech on the campus of the University of California at Berkeley in the 1960s. And, in the period from 1906 to 1916, the Industrial Workers of the World, a working class union, found it necessary to engage in free speech fights intended to secure the right of union organizers to speak freely to wage workers. These free speech campaigns were sometimes quite successful, although participants often put themselves at great risk. In some public places, freedom of speech is limited to free speech zones, which can take the form of a wire fence enclosure, barricades, or an alternative venue designed to segregate speakers according to the content of their message. They are most often created at political gatherings or on college or university campuses. There is much controversy surrounding the creation of these areas—the mere existence of such zones is viewed as unconstitutional by some people, who maintain that the First Amendment to the United States Constitution makes the entire country an unrestricted free-speech zone.Secret Service Ordered Local Police to Restrict Anti-Bush Protesters at Rallies, ACLU Charges in Unprecedented Nationwide Lawsuit
ACLU The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...
press release, 23 September 2003
Civil liberties Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties may ...
advocates claim that Free Speech Zones are used as a form of censorship and public relations management to conceal the existence of popular opposition from the mass public and elected officials. While federal and state governments are barred from engaging in preliminary censorship of movies, nearly all American theatres refuse to exhibit movies that have not been rated by the MPAA, a private movie industry organization. This does not affect movie distribution via physical tapes or discs,
cable TV Cable television is a system of delivering television programming to consumers via radio frequency (RF) signals transmitted through coaxial cables, or in more recent systems, light pulses through fibre-optic cables. This contrasts with broadc ...
, or the Internet. Since 2000, it has become quite common for movie studios to release "unrated" versions of films on DVD, containing content that had been removed from the theatrical version in order to get a satisfactory MPAA rating. Unlike the large number of nations which have enacted laws restricting what they deem to be hate speech, the United States is perhaps unique among the developed world in that under law, some hate speech is protected. For instance, in July 2012 a U.S. court ruled that advertisements with the slogan, "In any war between the civilized man and the savage, support the civilized man, Support Israel, Defeat Jihad", are constitutionally protected speech and the government must allow their display in
New York City Subway The New York City Subway is a rapid transit system owned by the government of New York City and leased to the New York City Transit Authority, an affiliate agency of the state-run Metropolitan Transportation Authority (MTA). Opened on October 2 ...
. In response on 27 September 2012, New York's Metropolitan Transportation Authority approved new guidelines for subway advertisements, as prohibiting those that it "reasonably foresees would imminently incite or provoke violence or other immediate breach of the peace". The MTA considers the new guidelines adhere to the court's ruling and will withstand any potential First Amendment challenge. Under the new policy, the Authority has continued to allow viewpoint ads, but required a disclaimer on each ad noting that it does not imply the Authority's endorsement of its views. In response to libel tourism, in 2010 the United States enacted the
SPEECH Act In the philosophy of language and linguistics, speech act is something expressed by an individual that not only presents information but performs an action as well. For example, the phrase "I would like the kimchi; could you please pass it to me?" ...
making foreign defamation judgments unenforceable in U.S. courts unless those judgments are compliant with the First Amendment.


South America


Bolivia


Brazil

In Brazil, freedom of expression is a Constitutional right. Article Five of the
Constitution of Brazil The Constitution of the Federative Republic of Brazil ( pt, Constituição da República Federativa do Brasil) is the supreme law of Brazil. It is the foundation and source of the legal authority underlying the existence of Brazil and the feder ...
establishes that the "expression of thought is free,
anonymity Anonymity describes situations where the acting person's identity is unknown. Some writers have argued that namelessness, though technically correct, does not capture what is more centrally at stake in contexts of anonymity. The important idea he ...
being forbidden". Furthermore, the "expression of intellectual, artistic, scientific, and communications activities is free, independently of censorship or license". However, there are legal provisions criminalizing the desecration of religious artifacts at the time of worship, hate speech, racism, defamation, calumny, and libel. Brazilian law also forbids "unjust and grave threats". Historically, freedom of speech has been a right in Brazilian Law since the
1824 Constitution The Federal Constitution of the United Mexican States of 1824 ( es, Constitución Federal de los Estados Unidos Mexicanos de 1824) was enacted on October 4 of 1824, after the overthrow of the Mexican Empire of Agustin de Iturbide. In the new Fr ...
was enacted, though it was banned by the Vargas dictatorship and severely restricted under the military dictatorship in 1964–85.


Ecuador

Freedom of Expression in Ecuador is guaranteed by Article 66 susection 6 of the
Constitution of Ecuador The Constitution of Ecuador is the supreme law of Ecuador. The current constitution has been in place since 2008. It is the country's 20th constitution. History Ecuador has had new constitutions promulgated in 1830, 1835, 1843, 1845, 1851, 1852, ...
, which States that the following right of a person is guaranteed: Accusations or insults without factual basis can be punished by three months to three years in prison according to Article 494 of Ecuador's penal code. Such disposition is common in criminal law in most countries. In 2012 the
Supreme Court of Ecuador The politics of Ecuador are multi-party. The central government polity is a quadrennially elected presidential, unicameral representative democracy. The President of Ecuador is head of state and head of the army on a multi-party system, and le ...
upheld a three-year prison sentence and a $42 million fine for criminal libel against an editor and the directors of the newspaper '' El Universo'' for "aggravated defamation of a public official". In 2013 Assemblyman Cléver Jiménez was sentenced to a year in prison for criminal libel.


Peru

Freedom of Speech in Peru is guaranteed by Article 2 Section 4 of the Constitution of Peru, which reads: This right is generally respected by the government, and access to internet is not restricted nor monitored in Peru. However, there were reports that some private groups such as the coca growers ( cocaleros), as well as some provincial and local authorities, have been harassing journalists by threatening judicial actions against them, illegally arresting them or attacking them.


Venezuela


See also

* Press Freedom Index * Free Speech Movement * Freedom (political) *
International Freedom of Expression Exchange IFEX, formerly International Freedom of Expression Exchange, is a global network of 124 independent non-governmental organisations that work at a local, national, regional, or international level to defend and promote freedom of expression as a ...
*
Media transparency Media transparency (or transparent media), also referred to as Media Opacity, is a concept that explores how and why information subsidies are being produced, distributed and handled by media professionals, including journalists, editors, public r ...
* Linguistic rights * List of linguistic rights in African constitutions *
List of linguistic rights in European constitutions Linguistic rights in Europe are stated in constitutions which differ by country. These constitutions usually state the national language or official language, and may or may not explicitly allow for other languages in the country. Most of the ling ...


Notes


References


Further reading

* Milton, John. '' Areopagitica: A speech of Mr John Milton for the liberty of unlicensed printing to the Parliament of England'' * Hentoff, Nat. ''Free Speech For Me – But Not For Thee. How the American Left and Right Relentlessly Censor Each Other'' 1992Pietro Semeraro, '' L'esercizio di un diritto'', Milano, ed. Giuffè, 2009.


External links


International Freedom of Exchange

ARTICLE 19, Global Campaign for nudist freedom

Index on Censorship

International PEN

Committee to Protect Journalists

International Federation of Journalists

OSCE Representative on Freedom of the Media

Arab Press Freedom Watch

International Press Institute

Fundamental Freedoms: The Charter of Rights and Freedoms
– Canadian Charter of Rights website with video, audio and the Charter in over 20 languages

in the ''New York Times'', 22 September 2012 {{Censorship and websites