ABOUT FREE EXPRESSION

THE RIGHT TO FREE EXPRESSION

Free expression is vital to humanity and the foundation of a free society. It creates the space for the exchange of ideas in the arts, literature, religion, academia, politics and science, and is essential for other rights like freedom of conscience. Without free expression, ideas cannot be tested. Without free expression, individuals cannot make informed decisions.

HOW IS IT PROTECTED?

Free expression is a universal human right enshrined in Article 19 of the United Nation’s Universal Declaration of Human Rights, which states: “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.”

The right to free expression is also contained in Article 10 of the European Convention on Human Rights: “Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.” The right extends to views that are unpopular or even upsetting and offensive to others.

The convention, however, also says free expression must be balanced against other rights such as the right to privacy and, in certain cases, can be restricted.

Comedian Nish Kumar hosts the 2019 Freedom of Expression Awards (Photo: Elina Kansikas for Index on Censorship)

WHERE DO WE DRAW THE LINE?

Index promotes and protects freedom of expression. As a general principle, we advocate for more speech, not less. We believe that free expression should only be limited in rare circumstances. One line is where the speech itself incites violence or where there is a direct and imminent threat of violence being committed as a result of the expression. Beyond that it can be restricted for specific reasons like national security, public safety or the protection of other essential rights. We carefully monitor that such bars have been met and are not instead being used to justify clampdowns without merit.

“Freedom of expression is not self-perpetuating, but rather has to be maintained through the constant vigilance of those who care about it.”

Index on Censorship magazine, 1972

READ MORE ON FREEDOM OF EXPRESSION

Kenya’s president takes aim at protesters

William Ruto continues to use force to quash peaceful demonstrations

Turkey’s crackdown on cartoonists is no laughing matter

Turkish satirical magazine LeMan faces mobs and arrests over a cartoon

Ireland’s Defamation (Amendment) Bill fails to protect public interest speech

More than 30 organisations call on the Seanad to take action over anti-SLAPP measures, calling it a missed opportunity to protect freedom of expression

Turkish arrest warrant against Nedim Türfent condemned

Index and other organisations sound alarm over threat of extradition facing the Kurdish writer, journalist and poet

The fog of war lifts in Iran

Human rights violations have increased, with more than 700 citizens arrested over the past 12 days

STATEMENTS:

Ireland’s Defamation (Amendment) Bill fails to protect public interest speech

More than 30 organisations call on the Seanad to take action over anti-SLAPP measures, calling it a missed opportunity to protect freedom of expression

Turkish arrest warrant against Nedim Türfent condemned

Index and other organisations sound alarm over threat of extradition facing the Kurdish writer, journalist and poet

Georgia: Independent media face increasing repression as new laws come into effect

Laws on foreign funding and broadcast content empower authorities to censor, prosecute and close media that provide vital news to the public

A letter to David Lammy on the imprisonment of Ahmed al-Doush

Index has written to the UK's Foreign Secretary regarding the unjust treatment of the British citizen in Saudi Arabia

The harassment of Chinese-Australian artist, political cartoonist and activist Badiucao must end

More than 40 organisations from around the world stand in solidarity with the award-winning cartoonist

UK court rejects Home Office bid to hear Apple encryption case in secret

Index on Censorship, Big Brother Watch and Open Rights Group welcome ruling over UK Government attempts to gain backdoor access to data

USA urged to protect press freedom and keep journalists safe after order to gut United States Agency for Global Media

The US President has signed an order calling for the USAGM to be “eliminated to the maximum extent consistent with applicable law"

UN working group on arbitrary detention declares that Iranian rapper Toomaj Salehi’s detention violated international law

A joint statement by the International Counsel Team at Doughty Street Chambers, Index on Censorship and Human Rights Foundation

Rights groups call for Apple’s closed appeal against the Home Office’s encryption-breaching order to be opened to the public

Representatives of rights groups have written to the President of the Investigatory Powers Tribunal to call for Apple's case to be made public

Index calls for the immediate and unconditional release of author and bookseller, Mahmoud Muna

Author Mahmoud Muna and his nephew Ahmad Muna were arrested by undercover Israeli police with dozens of their books being confiscated

Index on Censorship welcomes the release of Palestinian human rights defender and lawyer Diala Ayesh

Ayesh was released from administrative detention on 14 January 2025 by Israeli authorities

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