Freedom of Expression and Opinion Mechanisms

Date: 10/08/2011

Freedom of expression is at times used interchangeable with freedom of speech but in this article I will frequently use freedom  of expression due to is solid and broader interpretation which is yet to be outlined.

Today,freedom of expression is generally recognized by most states and international bodies as a fundamental human right which is in essence a core attribute in any democracy and open society. 

Efforts have been made to codify and implement this right through specially constructed international, regional and domestic mechanisms and arrangements.

"If we don’t believe in freedom of expression for people we despice, we don’t believe in it at all" Noam Chomsky.

Regulatory Mechanism for Freedom of Expression

Freedom of Expression is covered in the United Nations Declaration of Human Rights and falls under Civil and Political Right (1948). Some modern political thinkers have categorized or made three dusters of rights namely first, second and third generation rights.

First generation human rights deals basically with liberty and political participation. These rights seek to protect the individual from excesses of the state and these include freedom of speech, right to fair trial, freedom of religion as well as voting rights.

Second generation human rights are also known as E.S.C Rights meaning economic social and cultural rights and are basically meant to provide equality and free opportunity for all. Some of these rights include the right to employment, health care and housing.

Third generation human rights have up to this day not been officialized in both developed and developing world due to their controversy and “ in applicability”. Most countries have up to this day found it difficult to enact them in legally binding documents. International law expert Michael Sha in his work “International  Law (1986) suggested that these class of rights include the right to natural resources, self determination, a health environment and the right to communication among other rights.

Internationally, the United Nations recognizes that freedom of expression is a fundamental Human right and therefore plays a crucial role in any democratic and open society. The United Nations Declaration of Human Rights Civil and Political rights covers freedom of expression in Article 19 which reads,

Article 19: (1) Everyone shall have the right to hold opinions without interference. (2) Everyone shall have the right to freedom of expression and this right shall include; freedom to seek, receive and impart information and ideas of all kinds regardless of frontiers either orally, in writing or in print, in the form of art or any other media of choice. However is should be noted that freedom of expression is not absolute or does not go without limitations as outlined in the 3rd clause of the same article.

The exercise of the rights provided for in paragraph (92) in this article carries with it special duties and responsibilities, it may therefore be subject to certain restrictions, but these shall only be such as are provided by the law and are necessary.

(a) For the respect of the rights or reputation of others

(b) For the protection of national security of or public order, health and morals.Regionally, African states have as well endorsed the United Nations Convention regarding the concept of free expression.

A number of efforts have been made of guarantee freedom of expression as a justifiable and enforceable right and that is covered by section (8) of the African charter on Human and People’s rights.However I will not cover the contents of the article in this work as some fillings are more or less the same with those of the United Nations clause regulating free expression.

Back home here in Zimbabwe, freedom of expression is dealt with by chapter II section (20) of the constitution of Zimbabwe and the code is as follows,

20 Freedom of Expression

(1)  No person shall be prevented from enjoying or exercising his/ her freedom of expression which includes freedom to have/ hold opinions and to receive and communicate or pass ideas and information without interference and also freedom from interference with a persons correspondence.

(2)  A law may limit freedom of expression if it is necessary to do so in the interests of defence, public safety, public order, the economic interests of the state ,public morality , public health or for the protection rights, freedoms and reputation of others or for protecting the independence of courts and parliament.

(3)  A law limiting the freedom of expression shall not go beyond what is necessary in a democratic society.