FREEDOM OF SPEECH

Freedom of speech is one of the core pillars of upholding the democratic process and protecting it is essential if we want to live in a society that is fair and equal for everyone. Freedom of speech and expression, therefore, may not be recognized as being absolute, and common limitations or boundaries to freedom of speech relate to libel, slander, obscenity, pornography, sedition, incitement, fighting words, hate speech, classified information, copyright violation, trade secrets, food labeling, non-disclosure agreements, the right to privacy, dignity, the right to be forgotten, public security, and perjury. Justifications for such include the harm principle which suggests that “the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others”.

Freedom of speech is understood as a multi-faceted right that includes not only the right to express, or disseminate, information and ideas but three further distinct aspects:

• the right to seek information and ideas;
• the right to receive information and ideas;
• the right to impart information and ideas.

Who benefits and who loses from freedom of speech might seem obvious; those who exercise their freedom of speech must be the “winners”, and those who might suffer because that speech is detrimental to them must be the “losers”. If nobody suffers from freedom of speech, then nobody loses and there is only a benefit.