THE IMPORTANCE OF FREEDOM OF EXPRESSION

By Milton Cooray[27]

The Universal Declaration of Human Rights was adopted by the United Nations in 1948 and in its Preamble “it was proclaimed as a common standard of achievement for all peoples and all nations.” The Universal Declaration outlines 30 basic rights for all human beings to achieve their full potential and to live a life free of fear and want.

The freedom of expression is one of the rights, declared, as a result of aforementioned motivation, in Universal Declaration which takes place at the Article 19 with the freedom “to seek, receive and impart information and ideas through any media and regardless of frontiers.” And under the effect of Universal Declaration Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms is set apart for freedom of expression.

In this sense, if totalitarianism is regarded as a basic motivation for today’s international human rights legislation, the right to freedom of expression will appear the foremost result. It is obvious that, Totalitarianism and polyphony are the concepts cannot go hand in hand. Furthermore, freedom of expression and the freedom to seek, receive and “Freedom of information is a fundamental human right and is the touchstone of all of the freedoms to which the United Nations is consecrated;…”

Similarly, the European Court of Human Rights in a number of cases has emphasized the special importance of freedom of expression to democratic institutions. For example, in Handysidev. United Kingdom, the Court stated that, “Freedom of expression constitutes one of the essential foundations of such a society, one of the basic conditions for its progress and

for the development of every man.”

Freedom of expression provides the citizens with the right to participate to common life as a supporter and ensures their capacity to contribute in action and improvement of institutional organizations that serve the public welfare.

Finally, as Cooray stated, “the freedom of speech is the single most important political right of citizens, although private property is required for its operation. Without free speech, no political action is possible and no resistance to injustice or oppression is possible. Without free speech elections would have no meaning at all.

There must be a balance between national security and freedom of expression since both are indispensable for a democratic society and I think it is in states charge to achieve it in the light of mentioned principles and guidelines. There is no doubt that freedom of expression is one of the essential foundations of democracy and it is important for the development and protection of other human rights.