Article 19 of the Universal Declaration of Human Rights states “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.” (United Nations) This unlimited freedom has created numerous controversies over time, with different media and over various political situations which begs the question: “To What Extent Should This Right be Left Unrestricted?” Fundamentalists argue that...
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Introduction The media in South Africa works in a domain liberated from oppression, persecution and the harsh enactment which, looked to limit and control it. The constitution of South Africa dug in free media, freedom of articulation, and speech.Puddephatt(2011:11) states that ' the media can work as a guard dog, advancing government straightforwardness and open examination of those with power through uncovering corruption. This suggests that the media go about as the fourth estate. The section will characterize the term...
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Right to private life is guaranteed under Article 8 of the ECHR. It expressly protects, individual’s right to private life, his home, correspondence and other private life matters. It is not a mere private and family right but a right which guarantees an individual’s privacy, for instance, it also prevents disclosure of confidential information, be it a public figure of a common citizen. It is a qualified right; therefore, it can be restrained in certain conditions. The restriction will only...
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Freedom of expression, as described in Article 41 of the Constitution of Malta is said to be the protection of the rights of a person to be able to express himself or herself. It states that“…no person shall be hindered in the enjoyment of his freedom of expression …”[footnoteRef:1]. It also protects the freedom of one to be able to have his or her own ideas and opinions on particular topics, the ability to receive information freely, and the freedom...
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“Freedom of expression as guaranteed by international law and The Constitution of Kenya 2010 is difficult to realize because of the claw-back provisions in the relevant statutes.” Anon. Using case law, interrogate the validity of the above statement. Article 2 of the Constitution of Kenya states that the Constitution is the supreme law of the Republic and binds all persons and all State organs at both levels of government[footnoteRef:1], it goes further on at Article 260 to define ‘persons’ as...
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1) Constitution Of Kenya 2010 The constitution of Kenya 2010 under article 33 provides for the freedom of expression explicitly stating that every person has and shall enjoy this right. The freedom to expression is further illustrated to include the following three;[footnoteRef:2] [2: The Constitution of Kenya, 2010, Article 33.] The ability and freedom to seek any information, to receive and impart ideas and information The right to express themselves through arts. (artistic creativity). The freedom to scientific research and...
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In the modern technological era, the influence of the media is ubiquitous. Smart phones permit instant and continuous access to the latest news, including – even especially – stories relating to crime. The question of how the legal system might adapt to the role of the media demands a consideration of several factors. Firstly, discussion of two fundamental rights which conflict in this context – freedom of expression and the right to a fair trial – will show that the...
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Generally speaking, in the terms of media freedom and freedom of expression, Turkey has been always one of the most restrictive countries in the member states of the Council of Europe. Critisim is a way that we can point out the good and bad things in something, someone etc. Unfortunately in Turkey, critisim is considered as a crime. Critics makes something worthier than it was before because at that moment everybody understand it’s positive and the negative sides. It should...
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Freedom of Expression does exist in Malaysia. ‘Freedom of Speech, Assembly and Association’ is recorded under Article 10(1) of the Federal Constitution, in Part II. According to Article 10 Clause (1) in the Federal Constitution, “(a) every citizen has the right to freedom of speech and expression; (b) all citizens have the right to assemble peaceably and without arms; (c) all citizens have the right to form associations”. With this, it is only right to say that the people do...
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Students should not wear uniforms because they take away a student’s sense of individuality. Imagine this: 30 students sit at desks in a small classroom. Each student wears tan pants and a white shirt. They sit with their school books and papers in front of them. They all look exactly alike. Does this seem right? Of course not! We are all individuals! We are unique in many different ways. Why try to make all students look alike? An article I...
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Restrictions on speech in public universities, although this sounds like something that shouldn't be a problem it is. These first-amendment rights that students have differ by a lot depending on the university you go to and there the cops. Many people are involved in this topic and it creates an impact on their lives as the school presidents, Dean's, Faculty, and guest speakers on campus, you can't forget the students. This issue has been published in many newspapers and the...
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Two things from the bedrock of any open society- freedom of expression and rule of law. If you don’t have those things, you don’t have a free country. -Salman Rushdie As wonderfully said by Sir Salam Rushdie, freedom of expression is the substratum of any free country. Freedom to speech and expression is regarded as the basic of liberty. This right is the essence in the society and must be safeguarded in every possible way. Freedom of speech and expression...
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From the 1970s, up until the last decade, free speech as been allowed without relatively any danger and no issues, however, recently that has all changed and traditional free idea exchange/speech has been challenged. This may have rooted from the term: “Political Correctness,” this term was only used infrequently until the 1980s, whereas the “The American New Left” began to frequently use this term, however it was still only used ironically and not very recent. In October 1990 an article...
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Freedom of speech is a contentious subject. Academically, it can be argued as both good and bad for society, with the right to freely express your opinion being marred by the court’s responsibility to protect the reputation of Irish citizens. The media provides the largest platform for people’s opinions and therefore, must be highly regulated, however, there is no distinct and separate law for the media. As Marie McGonagle mentioned ‘In short, media law is that myriad of laws that...
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Freedom of Speech It helps an individual to attain self-fulfillment. It assists in the discovery of truth. It strengthens the capacity of an individual in participating in decision-making. It provides a mechanism by which it would be possible to establish a reasonable balance between stability and social change. All members of society would be able to form their own beliefs and communicate them freely to others The fundamental principle involved here is the people’s right to know. Freedom of speech...
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Freedom of expression is important to highlight when considering use language, its defined as ‘the power or right to express one's opinions without censorship, restraint, or legal penalty’ (Freedom Of Speech | Meaning of Freedom Of Speech by Lexico, 2020) Among other cherished values, the First Amendment protects freedom of speech. The U.S. Supreme Court often has struggled to determine what exactly constitutes protected speech (What Does Free Speech Mean?, 2020) - this is used similarly in effect across the...
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Under article 19 of the Universal Declaration of Human Rights (UDHR), international human rights law in the International Covenant on Civil and Political Rights (ICCPR) recognizes freedom of expression as a human right. In Article 19 of UDHR, it is stated that everyone has the right to freedom of expression including freedom of seeking, receiving and imparting information and ideas without limitations. The exercise of these rights was amended in the version of Article 19 in ICCPR to carry special...
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Freedom of Speech and Expression is something that we read about in every newspaper and article. But is it something better when it’s absolute or when it's within certain reasonable restrictions. Before getting into the crux of the matter we should learn more about the term Freedom of speech and expression, two important ideas enshrined in our Indian Constitution. All Fundamental rights are enshrined in part 3 of our Indian Constitution. Article 19 of Part 3 is what gives India...
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