Freedom of expression is one of the most fundamental and cherished rights of a citizen living in a democratic society. The right of any individual to express and disseminate their views, opinions, and criticisms without fear or suspicion is a primary determinant of the survival of democracy. Because dictatorship and oppression reign where there is no free voice, this right is internationally recognized as the foundational cornerstone of human dignity.
However, freedom of expression is not an “absolute right”—meaning it cannot be exercised in any manner whatsoever without limitations. Since an individual’s liberty ends where another’s rights are violated, lawful restrictions must be imposed for the sake of public interest and national security. This article discusses in detail the legal foundation of the freedom of expression, its significance, how it operates in Sri Lanka, and the limitations imposed upon it.
1. The Core Legal Foundation
Freedom of expression is a right highly protected under both domestic and international law:
- The Constitution of Sri Lanka: Article 14(1)(a) of the 1978 Constitution guarantees this as a fundamental right, stating that “every citizen is entitled to the freedom of speech and expression including publication.”
- The International Covenant on Civil and Political Rights (ICCPR): Article 19 of this United Nations covenant ensures the right of every human being worldwide to seek, receive, and impart information and ideas without hindrance. As a signatory to this covenant, Sri Lanka is legally bound to uphold these standards.
2. What Does Freedom of Expression Include?
The “freedom of speech and expression” is not restricted merely to spoken words. According to modern legal interpretations, it encompasses an exceptionally broad spectrum:
- Written and Spoken Media: Publishing newspaper articles, books, blog posts, and delivering public speeches.
- Artistic Expression: Presenting ideas and political critiques through dramas, films, songs, poems, graphic designs, and caricatures.
- Digital and Social Media: Expressing views, sharing content, and creating videos within digital spaces such as Facebook, YouTube, TikTok, or X (Twitter).
- Symbolic Expression: Demonstrating dissent silently by wearing black armbands, lighting candles, or displaying posters.
3. Why is Freedom of Expression Essential to a Democracy?
(A) Holding Government and Authorities Accountable
Freedom of expression is the only tool available to citizens to criticize corruption, irregularities, and flawed decisions of public officials. When a free press and an active public voice exist, rulers cannot act arbitrarily and are bound by accountability to the citizenry.
(B) The Pursuit of Truth and Generation of New Ideas
The coexistence of diverse ideologies is essential for the progression of a society. Instead of being confined to a single stance or a uniform opinion, allowing varying ideas to collide in the “marketplace of ideas” brings forth the most accurate and practical solutions.
(C) Protecting the Rights of Minority and Underprivileged Communities
For marginalized and powerless segments of society facing oppression, freedom of expression is the singular platform available to make their grievances heard by the entire nation.
4. Lawful Restrictions on Freedom of Expression
Articles 15(2) and 15(7) of the Constitution of Sri Lanka prescribe specific instances where the freedom of expression can be restricted in the interest of the public good. These restrictions are enacted to safeguard public peace and the rights of other citizens:
- National Security: The law can restrict statements that directly harm the unity, sovereignty, or territorial integrity of the country, or those that incite terrorist activities.
- Public Order and Morality: Devising or spreading hate speech that causes riots, violence, or disrupts peaceful public life is strictly prohibited. Similarly, publishing or broadcasting obscene publications contrary to public decency or morality is unlawful.
- Racial and Religious Harmony: Making statements that incite hatred, animosity, or tension among different ethnic or religious groups is a severe offense. Section 3 of the ICCPR Act in Sri Lanka explicitly identifies the incitement of racial or religious hatred as a punishable offense warranting imprisonment.
- Contempt of Court: Making statements that undermine the independence and dignity of the judiciary, insult judges, or influence the verdict of an ongoing court case is punishable under the law.
- Defamation: No one has the right to use the freedom of expression to assassinate another person’s character or damage their reputation through false accusations. In such instances, the victim has the legal capacity to file a civil lawsuit seeking damages.
5. Modern Challenges: Fake News and Digital Censorship
Although the advent of social media has taken freedom of expression to a new dimension, it has brought forth severe challenges:
- Hate Speech & Fake News: The rapid spread of hate speech and false information (disinformation) online has become a critical threat to social stability.
- Over-Censorship: A major crisis facing modern democracy is when governments or authorities misuse “public order” restrictions to suppress legitimate political criticism and public dissent.
Summary
Freedom of expression is the heartbeat of democracy. As citizens, we possess the absolute right to criticize flawed government policies and raise our voices against injustice. However, we must also remember our responsibility when exercising this right. It is the duty of a true citizen to raise their voice for truth and justice without endangering another person’s rights, dignity, or public peace.
Global Human Rights Front (GHRF)
At the Frontline of Justice, Standing for Rights.
For legal counsel regarding freedom of expression and digital rights, connect with our ‘Civic Knowledge’ division at info@ghrfront.org.
