Freedom of Expression as a fundamental right and its restrictions: National and International Context
Freedom of Expression in Pakistan
In the Constitution of Pakistan, the right to freedom of expression is protected through Article 19, which states: “Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, [commission of] or incitement to an offence.”
Freedom of expression is not an absolute right and comes with certain restrictions. In Pakistan, the restrictions to free speech are mentioned in Article 19 and are further interpreted by the Courts.
Freedom of Expression in International Law
In international human rights law, freedom of expression is guaranteed under Article 19 of the International Covenant on Civil and Political Rights (ICCPR). While it guarantees the right to free speech and information, along with holding opinions without interference, it also lays down restrictions to the right that include respect for the right and reputations of others, protection of national security, public order, health and morals. As state party to the Covenant, Pakistan is under an obligation to give effect to the rights contained in Article 19 of the Covenant in its domestic law.
How do we decide when and how to restrict speech?
In the General comment 34 by the Human Rights Council, guidelines were issued on how to impose restrictions on freedom expression and included the following conditions:
- Restrictions must be provided by law
- Limited to the grounds mentioned in ICCPR Article 19(3)
- Necessary and proportionate to achieve a legitimate objective
Summary of Study Pack:
- A presentation on the 7 restriction to free speech as mentioned in Article 19 of the Constitution
- A presentation on the right to freedom of expression under Article 19 of the ICCPR
- Presentation exploring the General Comment 34 in detail, and the three conditions of imposing restrictions.