Case Study: Poland And The Right To Protest
Amnesty International has documented how people in Poland have taken to the streets to express their opinions despite restrictive legislation combined with heavy-handed policing, surveillance, harassment and prosecution which threaten to strangle the right to peaceful protest.
Since 2016, tens of thousands of people have protested against repressive legislation aimed at curbing womens rights and undermining the independence of the judiciary. Protesters have routinely been met with a show of force and restrictive measures that infringe their right to be seen and heard. Hundreds have found themselves in police custody and facing lengthy court proceedings.
In parallel with tightening the laws affecting the exercise of the right to freedom of peaceful assembly, the government has vastly expanded the surveillance powers of law enforcement agencies with evidence that these expanded powers have been used against people engaged in organizing and participating in peaceful protests.
Countries With Freedom Of Speech 2022
Freedom of speech is the right for an individual or community to express any opinions without censorship or restraint and without fear of retaliation or legal sanction. Despite its name, freedom of speech is not specifically limited to verbal communicationrather, it also includes other forms of expression, such as written communication, social media posts , the arts , personal actions , and so on. To reflect this broader definition, freedom of speech is often referred to as freedom of expression.
Freedom of speech is a right preserved in the United Nations Universal Declaration of Human Rights and formally granted by the laws of most nations. In practice, however, some countries protect free speech, some deprioritize it, and some outright suppress it. Freedom of speech is protected in many of the freest countries in the world but is often restricted in totalitarian countries, communist countries, fascist countries, and dictatorships. Free speech can also be taken too far. An ongoing debate exists about where to draw the line between free expression and offensive, threatening, or harmful content. Particularly in the age of social media, when freedom of speech can be viewed as permission to spread damaging misinformation, bully others, and promote hate and intolerance, concerns have arisen over whether free speech can sometimes cause more harm than good.
Does Germany Have Freedom Of Speech
The Federal Republic of Germany guarantees freedom of speech, expression, and opinion to its citizens as per Article 5 of the constitution. The second is material that is considered anti-constitutional, dangerous to the state.
What are some countries that dont have freedom of speech?
Unlike the United States, there are a variety of countries that cannot practice freedom of speech, including Burma, North Korea, Turkmenistan and Libya. Other countries that abide by a strict censorship include Cuba, Syria, Eritrea and Uzbekistan.
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Harmful And Offensive Content
Some views are illegal to express because they can cause harm to others. This category often includes speech that is both false and dangerous, such as falsely shouting “Fire!” in a theatre and causing a panic. Justifications for limitations to freedom of speech often reference the “harm principle” or the “offence principle”.
In On Liberty , John Stuart Mill argued that “…there ought to exist the fullest liberty of professing and discussing, as a matter of ethical conviction, any doctrine, however immoral it may be considered”. Mill argues that the fullest liberty of expression is required to push arguments to their logical limits, rather than the limits of social embarrassment.
Jasper Doomen argued that harm should be defined from the point of view of the individual citizen, not limiting harm to physical harm since nonphysical harm may also be involved Feinberg’s distinction between harm and offence is criticized as largely trivial.
In 1999, Bernard Harcourt wrote of the collapse of the harm principle: “Today the debate is characterized by a cacophony of competing harm arguments without any way to resolve them. There is no longer an argument within the structure of the debate to resolve the competing claims of harm. The original harm principle was never equipped to determine the relative importance of harms”.
Certain public institutions may also enact policies restricting the freedom of speech, for example, speech codes at state-operated schools.
What Does Freedom On The Net Measure
The non-profit research group, Freedom House, published the Freedom on the Net annual report. The report analyzes and ranks the state of internet freedom in 65 participating countries accounting for most internet users around the world.The group assigns points to the countries depending on several factors, like a countrys political climate, ease of internet accessibility, cyber laws, and content restrictions to name a few.
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Least Digital Freedom: #3 Myanmar
- Total score : 17
- Obstacles to access score : 4
- Limits on content score : 7
- Violations of user rights score : 6
Following Myanmars military coup of the National League for Democracy in February 2021, digital freedom in the country has been virtually nonexistent. Constitutional rights that enshrined any semblance of free speech in the country were dismantled, and people are regularly surveilled and jailed for expressing dissenting opinions.
To maintain control following the military takeover, the ruling political force, or junta, frequently shuts down internet access nationwide. Many social media platformsincluding Facebook, Twitter, and WhatsAppas well news sites, financial platforms, and gaming services were also blocked. Thus opposition activitiessuch as those staged by the Campaign for Civil Disobedience and Peoples Defense Forcesare not always accurately understood within the country.
How Mohammed Took African Slaves And Raped Them
The following video starts off by discussing Muhammed Ali and how he was tricked into thinking Islam opposed slavery, video explains how the Koran describes the slaves that were raped by Mohammed, but then covers the specific Koranic descriptions of Mohammeds African slaves.
Remember that in Islam, Muhammed is the perfect Muslim. And nothing he did could be questioned, and everything written about Mohammed is to be lauded by modern Muslims. Any person who does not laud Mohammed is guilty of blaspheming against Islam.
Muslims want this type of speech, and the video above banned. They want it banned not only in Muslim countries, but in non-Muslim countries as well.
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Relationship To Other Rights
The right to freedom of speech and expression is closely related to other rights. It may be limited when conflicting with other rights . The right to freedom of expression is also related to the right to a fair trial and court proceeding which may limit access to the search for information, or determine the opportunity and means in which freedom of expression is manifested within court proceedings. As a general principle freedom of expression may not limit the right to privacy, as well as the honor and reputation of others. However, greater latitude is given when criticism of public figures is involved.
The right to freedom of expression is particularly important for media, which plays a special role as the bearer of the general right to freedom of expression for all. However, freedom of the press does not necessarily enable freedom of speech. Judith Lichtenberg has outlined conditions in which freedom of the press may constrain freedom of speech. For example, if all the people who control the various mediums of publication suppress information or stifle the diversity of voices inherent in freedom of speech. This limitation was famously summarised as “Freedom of the press is guaranteed only to those who own one”. Lichtenberg argues that freedom of the press is simply a form of property right summed up by the principle “no money, no voice”.
What Is The Right To Freedom Of Opinion And Expression
The right to freedom of opinion is the right to hold opinions without interference, and cannot be subject to any exception or restriction.
The right to freedom of expression extends to any medium, including written and oral communications, the media, public protest, broadcasting, artistic works and commercial advertising. The right is not absolute. It carries with it special responsibilities, and may be restricted on several grounds. For example, restrictions could relate to filtering access to certain internet sites, the urging of violence or the classification of artistic material.
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Section 2 A Requirement For Positive Government Action
Freedom of expression usually only requires that the government refrain from interfering with the exercise of the right. The traditional view, in colloquial terms, is that the freedom of expression contained in section 2 prohibits gags, but does not compel the distribution of megaphones
. In general, it is up to the government to determine which forms of expression are entitled to special support and where the government chooses to provide a platform for expression, it must do so in a manner consistent with the Charter, including section 15 , 2 S.C.R. 989 Siemens, supra at paragraph 43 NWAC v. Canada, 3 S.C.R. 627).
However, in certain limited circumstances, section 2 will require the government to extend an underinclusive means or platform for expression to a particular group or individuals . These circumstances will be determined pursuant to the factors set out in Dunmore v. Ontario, 3 S.C.R. 1016 and adapted to a 2 context in Baier :
Few Think Things In Their Country Change Much After An Election
One of the core tenets of democracy is that, after an election, parties and policies in the country may change. But many global publics say this doesnât describe what happens in their countries following an election. A 27-country median of 60% say no matter who wins an election, things donât change very much.
Greeks are the most likely to describe their country as one where things do not change very much no matter who wins an election , followed by Australians , Russians and Tunisians . And, in Tunisia and Greece, more than half say this statement describes their country very well.
It is worth noting that whether or not things change a lot following an election could be interpreted as either a positive or a negative characteristic of democracy. For some, no change after an election may be a good thing, whereas for others it may be bad.
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Why Is Freedom Of Speech Important In A Democracy Why Is It A Core Principle
Democracys goal is to have a plural and tolerant society. For this to happen successfully, citizens should be able to speak freely and openly about how they would like to be governed and criticize those who are in power.
This exchange of ideas and opinions isnt just a once off on election day, rather it is an on-going two-way communication which happens throughout a governments term.
Time Place And Manner
Limitations based on time, place, and manner apply to all speech, regardless of the view expressed. They are generally restrictions that are intended to balance other rights or a legitimate government interest. For example, a time, place, and manner restriction might prohibit a noisy political demonstration at a politician’s home during the middle of the night, as that impinges upon the rights of the politician’s neighbors to quiet enjoyment of their own homes. An otherwise identical activity might be permitted if it happened at a different time , at a different place , or in a different manner .
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How Islam Is Reducing Freedom Of Speech In Non
Due to Muslim immigration to European countries, those countries how to have Islamic blasphemy laws. This is explained in the following quotation about freedom of speech limitations in 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. Wikipedia
First, this law is ludicrous. But secondly, Muhammad was a pedophile. That is what we call a man who has sexual relations with a 9-year-old girl. This is the type of reality-bending outcome from anti-freedom of speech laws. But let us imagine for a moment that if I were an Austrian citizen, I could be legally punished for writing that sentence. A sentence that is 100% true.
This video shows how Muslims are reducing freedom of speech everywhere they immigrate.
In this video, the Apostate Prophet explains how freedom of speech works in the Muslim world.
What Does Protected Speech Include
First Amendment protection is not limited to “pure speech” — books, newspapers, leaflets, and rallies. It also protects “symbolic speech” — nonverbal expression whose purpose is to communicate ideas. In its 1969 decision in Tinker v. Des Moines, the Court recognized the right of public school students to wear black armbands in protest of the Vietnam War. In 1989 and again in 1990 , the Court struck down government bans on “flag desecration.” Other examples of protected symbolic speech include works of art, T-shirt slogans, political buttons, music lyrics and theatrical performances.
Government can limit some protected speech by imposing “time, place and manner” restrictions. This is most commonly done by requiring permits for meetings, rallies and demonstrations. But a permit cannot be unreasonably withheld, nor can it be denied based on content of the speech. That would be what is called viewpoint discrimination — and that is unconstitutional.
When a protest crosses the line from speech to action, the government can intervene more aggressively. Political protesters have the right to picket, to distribute literature, to chant and to engage passersby in debate. But they do not have the right to block building entrances or to physically harass people.
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Freedom Of Expression In 165 Countries
The Global State of Democracy Indices is a database, maintained by the International Institute for Democracy and Electoral Assistance, which tracks 116 indicators related to democratic freedom in 165 countries. The GSDI includes eight indicators centered around free expression, including whether the government censors the media, whether the expression of one’s personal culture is repressed, and whether both men and women feel comfortable expressing themselves in public. These metrics are then combined into a single value ranging from a low of 0.00 to a high of 1.00. The top 30 scores from 2020 make up the list below, and the full scoresheet appears in the table further down this page.
Active Participation Of Citizens
Elections and referendums are a good opportunity for citizens to shape the direction of society, but they only come round every couple of years.
Free speech reinforces other fundamental rights such as freedom of assembly, which citizens exercise to influence public decision-making by attending protests, demonstrations or participating in campaigns.
This allows them to protest an unpopular decision, such as the ban on abortion in Poland, or show the government they want stronger political action on an important issue. When protestors in Germany filled the streets in their hundreds of thousands protesting the war in Ukraine, this sent a strong message to the government that the people supported strong sanctions against Russia.
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Many Describe Their Countrys Politicians As Corrupt
In 18 of the 27 countries surveyed, around half or more say their country can be described as one in which most politicians are corrupt.
In many European nations, roughly half or more say they live in a country in which the statement âmost politicians are corruptâ describes their country well. Majorities also share this opinion in the U.S., as well as the two Middle Eastern and three sub-Saharan African countries surveyed. Opinion is more divided in the Asia-Pacific region and Latin America.
Greeks are the most likely to describe their politicians as corrupt , while around three-quarters or more in Russia, South Korea, Nigeria and South Africa describe their country in a similar manner.
Publics in Sweden, the Netherlands, Indonesia, Mexico and Germany are the least likely to say their country can be described as one in which most politicians are corrupt.
In many of the 27 countries surveyed, there are educational divides on whether most politicians in the country can be described as corrupt. Particularly in emerging and developing economies, people with higher levels of education are more likely to say most politicians are corrupt. For example, Brazilians with more education are 27 percentage points more likely than those with less education to describe politicians in the country as corrupt.
Least Digital Freedom: #1 China
- Total score : 10
- Obstacles to access score : 8
- Limits on content score : 2
- Violations of user rights score : 0
For the seventh consecutive year, China has been deemed the most digitally oppressive country in the world. Censorship, not access, is the countrys ruling Communist Partys primary means of maintaining control. China possesses and exercises the ability to shut down internet access for entire provinces, as well as for specific people if dissension is suspected. Government and self-censorship is standard practice. The governments response to communication about COVID-19between its own citizens as well as with international playerswas especially restrictive. More than 2,000 keywords related to the virus were censored on social media platforms at the onset of the pandemic, affecting tens of millions of posts.
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