Freedom of Expression: The Essence of Democracy and Limitations

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This essay delves into the significance of freedom of expression as a cornerstone of democracy. It highlights how this fundamental right enables individuals to voice opinions, participate in political discourse, and contribute to a healthier society. The essay acknowledges the necessity of limitations on this freedom to maintain peace, protect national integrity, and prevent harm. It discusses various restrictions imposed by governments to balance individual expression with societal well-being, referencing case law and international human rights principles. The essay concludes that while freedom of speech is vital for a democratic nation, it must be exercised responsibly with awareness of potential consequences, emphasizing the need for a balance between individual liberties and the collective good.
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Freedom of expression is the
'essence of our democracy
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Table of Contents
INTRODUCTION...........................................................................................................................1
Philosophy states that 'Freedom of expression is the 'essence of our democracy,' However,
some limitations on freedom of expression arise by the law, although it is necessary for a
democratic society.......................................................................................................................1
CONCLUSION................................................................................................................................3
REFERENCES................................................................................................................................4
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INTRODUCTION
Freedom is the necessity of the human existence as the modern era is free from the
slavery and provides equal liberty to every individual so that he is free to do any thing for his
better living. One of the basic freedom is the freedom of speeches and expression which is the
foundation of any democratic society and provides it a healthier environment. Therefore it is
very necessary to provide these rights as every individual contributes to the maintenance of the
harmonious environment. But there are certain limitations which has to be put for maintaining
the a peaceful surrounding 1. These freedom not only helps the government to maintain the rules
and regulation but also to make their every native in a state of happy mind. A positive mind can
affect the society in an impactful manner.
Philosophy states that 'Freedom of expression is the 'essence of our democracy,' However, some
limitations on freedom of expression arise by the law, although it is necessary for a
democratic society.
It is rightly said that Freedom of speech is the necessity of every democracy. Democratic
country is based on the various concepts of rights which are based on the freedom of every
native. These are the basic rights which provides the opportunity to every of citizen to live their
life with full privilege and respect 2. No civilians can be denied their role in forming the
government for the country as it is aptly said that democracy means 'by the people, for the people
and to the people'. The natives are the building blocks of a developed and democratic nation.
There are various bodies which helps to regulate the rules and regulations that provide
protection to the freedom of a nation.
Among all basic rights of citizenship “Freedom of speech is the most important for every
individual”. It says that every individual is free to express his views regarding any thing which
can be related to his daily life and for the political background also. No other party can denied
1 Fiss, O., 2018. Liberalism divided: Freedom of speech and the many uses of state power.
Routledge.
2 Tuinman, P. R. and Ten Hoorn, S., 2017. Freedom of speech for all critically ill patients:
work in progress. Critical Care.21(1).p.27.
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this right as it may affect his freedom in various way 3 . The foundation of a speech is the
potential of a person to continue the process of thinking and speaking freely and obtaining
information from other people with various publications without any fear or pressure and even
repression created by government followed by other parties. It is consider as the primary aspect
of liberty. With the help of free speeches people can come together for the purpose of achieving
political influence, for strengthening their morality and for helping others fro becoming more
morale and enlightened natives 4. This right has the special position in the hierarchy of the rights
which are created by the legislative body. It is regarded as the mother of all the freedom. Its true
meaning is the convenience in expressing their personal views and opinions freely throughout
various ways such as word of mouth , printing, writing and many other modes 5. This liberty
should be provide safety as it can get harmed by many political pressures. The very first
principle of a society which is free is an resistance free flowing of words for a open forum. The
freedom of explaining and expressing one's ideas without any obstacles and also without any
threat which can be created by any one has a important role in the development of the society
which in turn benefits the nation 6. It can only be guaranteed by the constitution which is a
written form of various rules and regulations regarding the country. A healthy democracy has the
feature of involving their citizens in important decision making for them and valuing their views
and perceptions equally. Restrictions on this right can be a punishable offense where the person
who is resisting the liberty of other can be regarded as the culprit. These basic rights are
available to the civilians only no other person belonging to different nation can express .
But also these rights are not absolute as it can allow the governing body for framing laws can
be used to impose restrictions on the basis of some reasons for sovereign and integrity of the
nation,security of respective states and for maintaining relation with other foreign states on the
3 Hughes, P., 2015. Freedom of speech. Pointers: Bulletin of the Christian Research
Association. 25(1). p.8.
4 FREEDOM OF SPEECH.2018.[online].Available
Through.<https://www.history.com/topics/freedom-of-speech>
5 Smith, T.A., 2016. Freedom of Expression and Speech. Criterion J. on Innovation.1.p.567.
6 Lieberwitz, R., 2018. The Many Faces of Academic Freedom: Free Speech, Due Process,
and Shared Governance.
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friendly terms, for controlling various public orders, morality and decency and the contempt of
the court, incitement and defamation for an offence7.
The people of the nations can create many conflict with the kind of speeches they used by
hurting the feelings of others on the basis of gender, race or can be on any grounds. These can
lead to create an atmosphere of tension in a country therefore it is required that government
should imposed some limitations so that one can get the freedom expressing but cannot harm
others sentiments because every freedom has some limitations to keep up the things in a peaceful
manner. Many political and artistic speeches can influence the mindset of the individuals which
can make them rebellious and can flip the mind in a negative manner. This can result in creating
a scenario which can create harm to the nation 8. The limitations which are imposed by the
government are very reasonable which protects the basic freedom of everyone. A negative
speech regarding any other state can make their relations worst which can impact the financial
situation of the nation. As both the states can refuse for conducting trades and many other
activities. The way of expressing something should be in a decent manner therefore to control
the way of expressing the opinions should be provided some limitations which can create a
scope of peaceful and harmonious surroundings.
Case Law
There was dispute between the executive director of the trust of a communication
Authority who was bringing up a plan which was related to the accessing of the mobile services
subscribers , he wrote a plea to the court that it has potential threat to the privacy of the
superscribes and have confessed to the company many times regarding this aspect but his
advised was not considered therefore the court decide to monitor the service plan and perform an
investigation in which it was found that the person was right. The hight court was dependent on
the European court of human rights and UN'S Human right committee.
There are various laws in Ghana that provides protection to disable people who are in
need for providing helps at various public areas. According to UN these people should be
provided equal dignity and rights for living which is very essential for living. Various conditions
7 Post, R., 2017. The Classic First Amendment Tradition Under Stress: Freedom of Speech
and the University.
8 Raj, R. and Chowdhury, A., 2017. Defamation of Religion and Freedom of Speech.
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shall be provided which can favour their disability. They shall be not exploited or discriminated
for their disablement which is very necessary. He must be provided equal opportunities in
various fields such as academic, corporate, sports etc.
But as compared to Ghana government has issued various act which provides them
complete facilitation for living happily and satisfactorily in their life. But there is lack of
facilities which are available to these people and may face many problems and discrimination.
The main problem which is associated with it is the acts re not implemented effectively which
leads to provide various problems to these individuals.
Also various problems are faced by children who are needed to be protected from
exploitation, discrimination and several other mal practices which are involved. According to
UN these children should be provided proper care and love for their essential growth aspect.
But the expectation is way far from the reality. Their rights are exploited and one can see
various activities such as child abuse, child traffic which has lead to negative impact on the
society.
CONCLUSION
It has been concluded that the freedom of speech plays an crucial role in a democratic
country where every individual is allowed to express his ideas and emotions freely without the
fear of anyone. These freedom can create a great impact on the society as it helps to maintain the
morality and integrity of the people in a native, with the delivery of speeches they are able to
connect with others. Also there are many restrictions which have been imposed by the
government as the speeches which are delivered in wrong way can provoke the residents in a
negative way which can create harm to the country.
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