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 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 believes that free expression should only be limited 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, as articulated largely in the US interpretation of its First Amendment.

“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

The freedom to travel is becoming a privilege, not a right

Countries once considered liberal are increasingly denying dissenters entry at their borders

Power to the people?

Our fundamental right to protest is being eroded in the UK and USA

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"

The end of impunity for Rodrigo Duterte

Justice has finally caught up with the former Philippines president

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

STATEMENTS:

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

Media regulator fails to properly protect freedom of expression in online safety draft guidance

Index on Censorship criticises Ofcom’s inadequate ‘passing references’ to users’ privacy rights and warns of legal battles if draft guidance on encryption is not updated

Human rights organisations condemn criminal complaint lodged against award-winning journalist Mohammed Zubair

Index on Censorship and other organisations highlight the continued use of sedition to target independent reporting and public interest speech

Iranian rapper Toomaj Salehi released from prison

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

Ukraine: Index and partners mourn death and demand justice for Victoria Roshchyna

Organisations welcome the opening of an investigation into the death of the Ukrainian journalist who died in unclear circumstances while in Russian detention

Georgia: Press freedom and the safety of journalists in peril

Findings of a recent press freedom mission to Georgia by the Council of Europe’s Safety of Journalists Platform, of which Index is a member

Russia: Index welcomes release of Vladimir Kara-Murza and Evan Gershkovich from jail

The vocal critic of Vladimir Putin and the Wall Street Journal reporter are among a number of people released as part of a prisoner exchange

Iranian cartoonist Atena Farghadani sentenced to six years in prison

Facing “harshest punishment” for her activism,
Atena Farghadani must be released immediately

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