The Right to Freedom of Expression and its Regulation in National and International Legislation

• Author: Varvara Licuta Coman, PhD in progress
• Position: Assistant Professor "Danubius" University of Galati
• Pages: 1-7

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1. Introduction

The origin and the development of human rights are as the origin and evolution of the law.¹ Having some glimpse into the mind of ancient times, the idea that the human being, by its nature, it posses certain rights, independent of any legal order, it evolved over time leading to the what is known today the institution of human rights. Represented by the stoics, jurisprudence, Christianity, this idea is found both in Greek and Roman naturalist system of antiquity.²

Contemporary Interest for human rights developed as a direct reaction to human inhumanity towards the man of the Second World War.³

It seems that mankind has perceived fully, even before the beginning of the third millennium the message of the Universal Declaration of Human Rights under which, "the ignorance and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind" and that "recognition of the inherent dignity of all the human family members of and their equal and inalienable rights, represent the foundation of freedom, justice and peace in the world".⁴

This message is a change of attitude, which expresses a wise reconsideration of the human's role and place in political, economic, social and cultural structures.⁵ Receiving this message has led to the development of the Universal Declaration of Human Rights, by the United Nations and of other tools that govern the human rights (Covenant on Civil and Political Rights and Covenant on Economic, Social and Cultural Rights), but at the foundation of the European Convention on

\1Human Rights and the legal mechanism for implementing it, and devoted to a constitutional level of the guaranteed rights by international instruments in this area.

Considered as the most powerful weapon to defend the rights and freedoms of individuals against any anti-democratic events⁶, the right to freedom of expression is among the rights guaranteed by international tools and at constitutional level, in doctrine was showed that⁷, "no progress can be designed in scientific, cultural, artistic, domain without the existence of freedom of expression beyond any state borders ..."

2. International regulation of freedom of expression

Democratic development of society requires pluralism of ideas and concepts about the world and life, about social organization, about the relationship between members of society. As social beings, people need to receive ideas and information and to express, in any form, their own ideas and concepts.⁸ It is the reason for which the right to freedom of expression is guaranteed by international tools on human rights.

The first international document that dedicates the right to freedom of expression is the Universal Declaration of Human Rights adopted by UN General Assembly on December 10^th, 1948, a solemn document that lays at the basis of the whole system of rights and freedoms built after Second World War. In article 19, this document states that: "Any individual has the right to freedom of opinion and expression, which implies the right of not to being disturbed for his opinions and that to seek, receive and spread, without border considerations, information and ideas through any means of expression."⁹

Another international instrument governing the right to freedom of expression is the International Covenant on Civil and Political Rights, adopted by the UN General Assembly on December 16, 1966 and came into effect on March 23^ed, 1976. This legal tool are established in article 19, in symmetry with the Universal Declaration of Human Rights, whose stipulations he reiterates, freedom of opinion and speech in two separate paragraphs.

In the regionally European area, the Convention on Human Rights and Fundamental Freedoms, adopted on November 4, 1950, at less than two years after the adoption of Universal Declaration of Human Rights, subscribes among civil an political also the rights to freedom of speech.

According to article 10 paragraph 1 of the Convention, "Everyone has the right to freedom of expression. This right shall include freedom to opinions and freedom to receive and communicate information and ideas without interference by public authority, regardless the frontiers". This article "does not prevent the States from requiring the society of radio- fusion, cinema or television, a special authorization regime."¹⁰

Article 10 of the European Convention of Human Rights serves as a framework for the legislation, in adopted matter at the level of the European Communities.

Thus, article 10 paragraph 1 of C.E.D.O. is given the exact content within article 11 paragraph 1 entitled "Freedom of speech and information" in the EU Charta of Fundamental Rights proclaimed at the Nice European Council of December 7, 2000. In paragraph 2 of this article there are guaranteed the freedom and pluralism of the media information means.

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The right to freedom of speech is regulated also by legal tools adopted in other regions.

For example, the American Convention on Human Rights, adopted on November 22, 1969 in San Jose (Costa Rica) regulates the right to freedom of speech in article 13 which states that "Everyone has the right to freedom of thought and speech; this right shall include the freedom to seek, receive and impart information and ideas of all kinds, without taking into account borders, either oral or written, printed or artistic form or by any other means of their choice."¹¹

Also, the African Charta on Human and People Rights, adopted at the 18th Conference of Heads of State and Government in Nairobi (Kenya) in June 1981, in article 9, it covers two separate paragraphs, the right to information and freedom of speech.¹²

Similarly, the Declaration of Fundamental duties Asian people and states, adopted in Djakarta (Indonesia) on December 9, 1983, the Regional Council on Human Rights in Asia, in article 1 entitled "Fundamental Principles", in paragraph 2, it lists the rights and freedoms that must be obeyed, secured, protected and preserved by the signatory States; among those rights there are set out in paragraph 2.07 also the right to freedom of opinion and speech, as it was set out in the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights. In article 7 entitled "Means of mass communication", it was regulated separately, the freedom of the press.¹³ The Universal Islamic Declaration of Human Rights adopted on September 19, 1981 at the Islamic Council, the chapter XII "The right to freedom of religion, thought and speech", the letters a and d, are subject to freedom of opinion and the dissemination of information.¹⁴

We have seen how freedom of expression is regulated in international legal instruments that concern human rights, however, the exponential development of international human rights competence sphere could never leave untouched the national legal systems, the internal law must adapt and conduct themselves in accordance with...