Is Freedom of Speech Absolute? Let’s see the Limitation on Freedom of Speech all around the world.


I have watched the Unity March. I read about people that talked and discussed about Freedom of Speech. I read the articles about people that fight (even violently) for their rights on freedom of speech. My question now is: How Free is Freedom of Speech? Is Freedom of Speech being upheld 100% all around the world or does it exist with its own limitation?


Here are some example that Freedom of Speech is not absolute. Here are the example of its limitations.

International Law


The United Nations Universal Declaration of Human Rights, adopted in 1948, provides, in Article 19, that:

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

“Speech” is not limited to public speaking and is generally taken to include other forms of expression. The right is preserved in the United Nations Universal Declaration of Human Rights and is granted formal recognition by the laws of most nations. Nonetheless the degree to which the right is upheld in practice varies greatly from one nation to another. In many nations, particularly those with relatively authoritarian forms of government, overt government censorship is enforced. Censorship has also been claimed to occur in other forms (see propaganda model) and there are different approaches to issues such as hate speech, obscenity, and defamation laws even in countries seen as liberal democracies.

United States:


Freedom of Speech and Expression are guaranteed under the First Amendments. However, this Freedom comes with limitation. The limitation includes:

“Restrictions that are based on people’s reactions to words include both instances of a complete exception, and cases of diminished protection. Speech that involves incitement, false statements of fact, obscenity, child pornography, threats, and speech owned by others are all completely exempt from First Amendment protections. Commercial advertising receives diminished, but not eliminated, protection. Along with communicative restrictions, less protection is afforded for uninhibited speech when the government acts as subsidizer or speaker, is an employer, controls education, or regulates the following: the mail, airwaves, legal bar, military, prisons, and immigration.”

Council of Europe


The European Convention on Human Rights (ECHR), signed on 4 November 1950, guarantees a broad range of human rights to inhabitants of member countries of the Council of Europe, which includes almost all European nations. These rights include Article 10, which entitles all citizens to free expression.

The Convention also includes some other restrictions:

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 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.

France

The Press Law of 1881, as amended, guarantees freedom of the press, subject to several exceptions. The Pleven Act of 1972 (after Justice Minister René Pleven) prohibits incitement to hatred, discrimination, slander and racial insults.The Gayssot Act of 1990 prohibits any racist, anti-Semite, or xenophobic activities, including Holocaust denial.[87] The Law of 30 December 2004 prohibits hatred against people because of their gender, sexual orientation, or disability.

Germany

The press is regulated by the law of Germany as well as all 16 States of Germany.[90] The most important and sometimes controversial regulations limiting speech and the press can be found in the Criminal code:

  • Insult is punishable under Section 185. Satire and similar forms of art enjoy more freedom but have to respect human dignity (Article 1 of the Basic law).
  • Malicious Gossip and Defamation (Section 186 and 187). Utterances about facts (opposed to personal judgement) are allowed if they are true and can be proven. Yet journalists are free to investigate without evidence because they are justified by Safeguarding Legitimate Interests (Section 193).
  • Hate speech may be punishable if against segments of the population and in a manner that is capable of disturbing the public peace (Section 130 [Agitation of the People]), including racist agitation and antisemitism.
  • Holocaust denial is punishable according to Section 130 subsection 3.
  • Membership in or support of banned political parties (Section 86). Currently banned parties include the SRP and the KPD, but historically all non-Nazi parties have been banned (1933–1945).
  • Dissemination of Means of Propaganda of Unconstitutional Organizations (Section 86).
  • Use of Symbols of Unconstitutional Organizations (Section 86a). Items such as the Swastika or clothing of the FDJ is banned.
  • Disparagement of the Federal President (Section 90) the State and its Symbols (Section 90a).
  • Insult to Organs and Representatives of Foreign States (Section 103).
  • Rewarding and Approving Crimes (Section 140).
  • Casting False Suspicion (Section 164).
  • Insulting of Faiths, Religious Societies and Organizations Dedicated to a Philosophy of Life if they could disturb public peace (Section 166).
  • Dissemination of Pornographic Writings (Section 184).

Malaysia

  1. Subject to Clauses (2), (3) and (4) —
  • (a) every citizen has the right to freedom of speech and expression;(b) all citizens have the right to assemble peaceably and without arms;(c) all citizens have the right to form associations.

Parliament may by law impose —

(a) on the rights conferred by paragraph (a) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of Parliament or of any Legislative Assembly or to provide against contempt of court, defamation, or incitement to any offence;(b) on the right conferred by paragraph (b) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, or public order;(c) on the right conferred by paragraph (c) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, public order or morality.

Restrictions on the right to form associations conferred by paragraph (c) of Clause (1) may also be imposed by any law relating to labour or education.

In imposing restrictions in the interest of the security of the Federation or any part thereof or public order under Clause (2) (a), Parliament may pass law prohibiting the questioning of any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III, Article 152, Article 153 or Article 181otherwise than in relation to the implementation thereof as may be specified in such law.

Australia

Australia does not have explicit freedom of speech in any constitutional or statutory declaration of rights, with the exception of political speech which is protected from criminal prosecution

Still think you can say whatever you want?