Freedom of speech is the concept of the inherent human right to voice one's opinion publicly without fear of censorship or punishment. "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 authoritarian forms of government, overt government censorship is enforced. Censorship has also been claimed to occur in other forms and there are different approaches to issues such as hate speech, obscenity, and defamation laws.
The following list is partially composed of the respective countries' government claims and does not fully reflect the de facto situation, however many sections of the page do contain information about the validity of the government's claims alongside said claims.
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.
Technically, as a resolution of the United Nations General Assembly rather than a treaty, it is not legally binding in its entirety on members of the UN. Furthermore, whilst some of its provisions are considered to form part of customary international law, there is dispute as to which. Freedom of speech is granted unambiguous protection in international law by the International Covenant on Civil and Political Rights which is binding on around 150 nations.
In adopting the United Nations Universal Declaration of Human Rights, Ireland, Italy, Luxembourg, Monaco, Australia and the Netherlands insisted on reservations to Article 19 insofar as it might be held to affect their systems of regulating and licensing broadcasting.
Africa
The majority of African constitutions provide legal protection for freedom of speech, with the extent and enforcement varying from country to country.
Senegal Senegal has the most decisive freedom of expression of all African countries. It has many associations active in human rights and freedom of expression. Senegal also has the freedom to practice religion, or not practice a religion.
Egypt
Eritrea
Malawi
Mauritania
Nigeria
Sierra Leone
Somalia
South Africa
Under apartheid, freedom of speech was curtailed under apartheid legislation such as the Native Administration Act 1927 and the Suppression of Communism Act, 1950. In light of South Africa's racial and discriminatory history, particularly the Apartheid era, the Constitution of the Republic of South Africa of 1996 precludes expression that is tantamount to the advocacy of hatred based on some listed grounds. Freedom of speech and expression are both protected and limited by a section in the South African Bill of Rights, chapter 2 of the Constitution. Section 16 makes the following provisions:
16. Freedom of expression
1. Everyone has the right to freedom of expression, which includes
a. freedom of the press and other media;
b. freedom to receive or impart information or ideas;
c. freedom of artistic creativity; and
d. academic freedom and freedom of scientific research.
2. The right in subsection (1) does not extend to
a. propaganda for war;
b. incitement of imminent violence; or
c. advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.
In 2005, the South African Constitutional Court set an international precedent in the case of Laugh It Off Promotions v South African Breweries when it found that the small culture jamming company Laugh-it-Off's right to freedom of expression outweighs the protection of trademark of the world's second largest brewery. Currently, the South African National Assembly is considering passing a bill aimed at reducing hate speech and hate crimes.
South Sudan
Sudan
Blasphemy against religion is illegal in Sudan under Blasphemy laws.
Tunisia
Freedom of speech is a controversial issue and a subject of uncertainty in Tunisia. Artists, journalists, and citizens face harassment when they try to express their ideas freely. There is also a lack of experience and traditions with free speech on the part of Tunisian justice and judges following the Tunisian revolution.
On 13 June 2013 Tunisian Rapper, Alaa Yacoubi (aka "Weld El 15"), was imprisoned and given a two-year jail sentence because his song "El boulisia Kleb" ("Cops Are Dogs") was considered an incitement to violence and hatred. The court judgement was the subject of an appeal and the decision was announced for 2 July 2013, while Alaa Yaacoubi remained in prison."Tunisie: le verdict du procès en appel du rappeur Weld El 15 reporté au 2 juillet" (http://www.lexpress.fr/actualite/monde/afrique/tunisie-le-verdict-du-proces-en-appel-du-rappeur-weld-el-15-reporte-au-2-juillet_1260923.html "Tunisia: the verdict on the appeal of rapper Weld El 15 postponed to July 2"]), Fethi Belaid, L'Express (AFP), 25 June 2013
Zimbabwe
Asia Several Asian countries provide formal legal guarantees of freedom of speech to their citizens. These are not, however, implemented in practice in some countries. Barriers to freedom of speech are common and vary drastically between ASEAN countries. They include the use of brutal force in cracking down on bloggers in Burma, Vietnam and Cambodia, application of the law on lèse majesté in Thailand, the use of libel and internal security laws in Singapore and Malaysia, and the killing of journalists in the Philippines. According to Amnesty International, freedom of expression is significantly limited in China and North Korea."Overview - Countries in East Asia", Amnesty International. Retrieved 13 December 2020. Freedom of speech has improved in Myanmar in recent years, but significant challenges remain."Burma: Freedom of expression in transition", Mike Harris, Index on Censorship, July 2013. Retrieved 8 November 2013. There is no clear correlation between legal and constitutional guarantees of freedom of speech and actual practices among Asian nations.
Bangladesh
Under chapter III of the Fundamental rights in Bangladesh. The Bangladesh constitution ostensibly guarantees freedom of speech to every citizen according to PART III of the Laws in Bangladesh. Bangladesh constitution states that:
All the citizens shall have the following right 39. (1) Freedom of thought and conscience is guaranteed. (2) Subject to any reasonable restrictions imposed by law in the interests of the security of the State, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence– (a) the right of every citizen to freedom of speech and expression; and (b) freedom of the press, are guaranteed.
Cambodia
China
According to Article 35 of the Constitution of China:
English:- Citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration.Chinese:
The Chinese government maintains that "freedom of speech is not the same as free speech". In this view, when exercising their right to freedom of speech, citizens "must not disrupt social order, violate the Constitution and laws, or harm the interests of the state, society, or collectives, or the legitimate freedoms and rights of other citizens". There is heavy government involvement in the media, with many of the largest media organizations being run by and/or affiliated with the ruling Chinese Communist Party (CCP). References to liberal democracy, references to the Republic of China (Taiwan) as an independent country, the Tiananmen Square protests of 1989, separatist movements such as ones in Xinjiang and Tibet, the 2014 Hong Kong protests, certain religious organizations such as Falun Gong, and anything questioning the legitimacy of the CCP are banned from use in public and blocked on the Internet. Web portals, including Microsoft's MSN, have come under criticism.
Several social networking sites, such as Twitter, Facebook and Snapchat, are banned as a whole and books and foreign films are subject to active censorship. The biggest search engine, Google however, was legalized on the 25th anniversary of the Tiananmen Square protests. However, usage is still limited. Beijing has also lifted bans on foreign websites within the Shanghai Free-Trade Zone. The state's censorship tactics range from relatively moderate ways of using monitoring systems and firewalls to jailing journalists, bloggers, and activists, as can be seen from the case of Chinese activist Liu Xiaobo. Although China's constitution deals with citizens' freedom of speech, the language has been vague, thus giving more space for the government's arbitrary and unilateral judgements. For example, according to the Article 5 of the "Computer Information Network and Internet Security, Protection and Management Regulations," issued by the Ministry of Public Safety in 1997, it states: No unit or individual may use the Internet to create, replicate, retrieve, or transmit the following kinds of information:
Inciting to resist or violate the Constitution or laws or the implementation of administrative regulations; Inciting to overthrow the government or the socialist system; Inciting division of the country, harming national unification; Inciting hatred or discrimination among nationalists or harming the unity of the nationalities; Making falsehoods or distorting the truth, spreading rumours, destroying the order of society; Promoting feudal superstitions, sexually suggestive material, gambling, violence, murder; Engaging in terrorism or inciting others to criminal activity; openly insulting other people or distorting the truth to slander people; Injuring the reputation of state organs; Other activities against the Constitution, laws or administrative regulations.
In January 2013, hundreds of protesters gathered in front of the headquarters of Southern Weekly after Guangdong's Propaganda Department chief, Tuo Zhen, allegedly rewrote the newspaper's New Year's editorial entitled "China's Dream/ The Dream of Constitution (中国梦，宪政梦)," which called for constitutional reform to better guarantee individual citizens' rights. This is seen, though small, as a victory for press freedom in China; it was the largest and most open protest for free speech in China in decades and the result itself favoured the press, the Guangdong propaganda ministry agreeing not to directly intervene in editorial decisions.
Hong Kong Freedom of speech is, on paper, granted in the Hong Kong Special Administrative Region under "Chapter III: Fundamental Rights and Duties of the Residents" () of the Hong Kong Basic Law: Article 27: Hong Kong residents shall have freedom of speech, of the press and of publication; freedom of association, of assembly, of procession and of demonstration; and the right and freedom to form and join trade unions, and to strike. Article 30: The freedom and privacy of communication of Hong Kong residents shall be protected by law. No department or individual may, on any grounds, infringe upon the freedom and privacy of communication of residents except that the relevant authorities may inspect communication in accordance with legal procedures to meet the needs of public security or of investigation into criminal offences.