The right to freedom of opinion and expression is one of the fundamental rights enshrined in several international and regional agreements. Article 19 of the International Law on Civil and Political Rights is the leading international body codifying this right. Article 19 states: Everyone has the right to hold his own opinion without harassment. Everyone has the right to freedom of expression. This right includes his freedom to seek various forms of information and ideas and receive and transmit them to others without regard to boundaries, whether in written or printed form, in an art form, or any other medium of his choice. The exercise of the rights provided in paragraph 2 of this article entails special duties and responsibilities. Accordingly, it may be subject to some restrictions but provided that this is indicated in the text of the law and it is necessary: ??to respect the rights or reputation of others.
To protect national security, public order, health, and public morals.
Article (10) of the European Convention on Human Rights protects freedom of expression at the level of member states, and report (9) of the African Law on Human and Peoples’ Rights guarantees the same. Right. Likewise, Article (13) of the American Convention on Human Rights states: “Everyone has the right to freedom of thought and expression, and this right includes his freedom to seek various types of information and ideas, receive and transmit them to others, regardless of borders, whether then oral, written, printed or creative templates, and any means that he chooses … “.
Some “legal” restrictions and exceptions to freedom of opinion and expression, like other rights and freedoms, are mentioned in the text of the article (29) of the Universal Declaration of Human Rights and the third paragraph of the article (19) of the International Act on Civil and Political Rights, which in their aggregates protect the rights and reputations of others, as well as safety. National order, public order, health, and public morals, and the protection of these goals are considered legal restrictions on the right to expression, especially freedom. Similarly, paragraph (2) of Article (10) of the European Convention on Human Rights states: “The exercise of these freedoms requiring the performance of duties and responsibilities may be subject to certain formalities, conditions, restrictions or violations determined by law, which are considered in a democratic society the necessary measures to preserve the security of the homeland and its lands, as well as safety. Safeguarding public order, preventing crime, protecting health and morals, and protecting others and their reputation to avoid disclosing confidential information or to ensure the authority and integrity of the judiciary.
The United Nations, all democracies, and democratic public opinion worldwide are almost unanimous that the right to an idea and its freedom of expression is the central pillar of all rights conferred on human beings in international law. The United Nations General Assembly has reaffirmed that freedom of expression is a fundamental human right … and a test of all the freedoms enshrined in the United Nations. The European Court of Human Rights has confirmed that “the right to freedom of expression is a single right.” the fundamental foundations of a democratic society and one of the primary conditions for human progress and development.”
Many internationally recognized standards guarantee the protection of freedom of opinion and expression, including:
The right of opponents of the government to express and publish their views in the state-owned media, including radio and television, on an equal basis with others (i.e., the government party or any other organization), especially during general and local elections.
The right to receive information and ensure its access from public sources.
Defend academic, scientific, and educational freedoms and artistic and literary expression.
The need for state support for the right to freedom of expression on non-political grounds promotes and ensures pluralism.
Protection of the right to distribute and publish.
The right to establish independent (private) radio and television stations.
The United Nations General Assembly characterized freedom of expression as a test of all the freedoms to which the United Nations is committed. The American Court of Human Rights pointed out that “freedom of expression is the cornerstone of a democratic system and is inevitable for all. The formation of public opinion. It can be said that an uneducated society is not a free society.