LIMITATIONS ON FREEDOM OF EXPRESSION

By Ryan Clayton[28]

Freedom of expression also plays a vital role in the protection of other rights. However, to what extent can freedom of expression be protected? How it should be exercised? The answer can be found in the “European Parliament resolution on the right to freedom of expression and respect for religious beliefs.

The European Parliament considered: “defends freedom of expression as a fundamental value of the EU; believes that freedom of expression must be exercised within the limits of the law and should coexist with personal responsibility and be based on respect for other’s rights and sensibilities; acknowledges that balancing these concerns necessitates ongoing debate in a democracy; …”

According to the resolution, the key points of exercising freedom of expression are “within the limits of the law”, “with personal responsibility”, and “based on respect for other’s rights and sensibilities”. The limits of the law mean justified restrictions and again their frame has been designated by the international instruments on human rights which provide protection to freedom of expression. For instance, Article 29 of the Universal Declaration of Human Rights says that:

“(1) everyone has duties to the community in which alone the free and full development of his personality is possible.

(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.” Similarly, the Article 10(2) of the European Convention of Human Rights explains for that, how and why the exercise of freedoms, mentioned in Article 10 (1), may be subject to formalities, conditions, restrictions or penalties:

“2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by 10 European Parliament Resolution ,B6-0136,0138,0139 and 0141/2006, 16 February 2006 law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or the rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”