Freedom of expression and its limits
Can you just say anything you want? In this article, we talk about freedom of speech and why it is important to understand where the line is drawn.
What is freedom of speech?
Freedom of speech means you are free to say what you think without consequences. You are also allowed to read, listen and watch whatever you want. You may seek, receive and disseminate information.
This right is enshrined in important international documents such as the Universal Declaration of Human Rights and the European Convention on Human Rights. You may criticise and discuss without fear of punishment, harassment, persecution
Importance of freedom of expression
Freedom of expression is important for a healthy democracy and an open society. Everyone is allowed to participate in political discussions and social debates. You are part of our society, so you are also allowed to have an opinion about it.
It also helps change our society and sparks new ideas. It allows you to raise abuses and injustices or come up with new proposals.
Limits of freedom of expression
There are also limits to freedom of speech to protect others. For example, you may not intentionally offend anyone on the basis of race, religion, belief, disability or sexual orientation. Nor should you encourage hatred or violence against others.
Always showing respect to others is important.
Example: privacy
One of the most important restrictions is the right to privacy. You always have the right to protect your private life from unauthorised interference, such as doxing. That is publishing personal information without consent.
Example: hate speech
Hate speech incites hatred and discrimination against certain groups of people. For example, it can target people of a certain ethnic origin, religious beliefs or sexual orientation. This can have serious consequences for the victims and can lead to discrimination, exclusion and violence.
Balancing freedom and security
Find a balance between your freedom and the safety of others. You have the right to say what you think, but it is important to do so in a respectful way and think about the consequences of your words.
In some situations, expressions are restricted to protect others. For example:
- Sometimes protests are banned if there is a high risk of violence or aggression.
- During ongoing investigations, police and prosecutors are not allowed to share all facts and details. They must respect the presumption of innocence and the right to privacy.
- Journalists cannot publish information that will interfere with the work of the police during an investigation or compromise the privacy of people in that investigation.
- You cannot deliberately spread lies about someone.
Online
Respect is also important online and on social media. Racism, hatred or discrimination is not okay. Not even if it is online or anonymous.
Social media platforms are obliged to protect users' rights and safety. That is why certain posts and comments are taken down by the platform, for example, or why you can indicate when there is disrespectful behaviour or discrimination.
When can a lawyer help me?
You face inappropriate expressions and you think your rights have been violated. For example:
- You are attacked with words, i.e. you are a victim of defamation, hate speech or discrimination.
- Your right to freedom of expression is unlawfully restricted
- You face bullying, stalking or invasion of privacy
Lawyers are experts on legal issues. They advise you on the steps you can take to protect your rights. A lawyer will know whether legal action is necessary and assist you.
Find a lawyer
Not sure about your situation and want to find a lawyer near you?
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