Freedom of Speech: Does It Include the Right to Say Offensive Things?

This essay, submitted by a student with ID 219373014, addresses the fundamental human right of freedom of speech and its limits, specifically concerning the expression of potentially offensive opinions. The paper begins by establishing freedom of speech as a cornerstone of democratic societies, as recognized by international declarations and national legislations, including Australia's ratification of the UN Declaration. It then delves into the core debate: whether this right extends to expressing views that may cause offense. The essay examines the arguments surrounding the right to be offended, highlighting that while freedom of speech is crucial for constructive dialogue and social reformation, it is not without boundaries. The paper acknowledges that expressing opinions can negatively impact others and lead to the need for regulations. The essay also touches on the misuse of restrictions against freedom of speech for self-interest. In conclusion, the essay argues that while the right to dissent is essential in a democratic society, freedom of speech must be restrained to ensure societal harmony and peace, without violating moral codes or inciting criminal activities. The references include key academic sources and legal documents.

Running head: FREEDOM OF SPEECH
ASSESSMENT TASK 1a
DOES THE RIGHT TO FREEDOM OF SPEECH INCLUDE THE
RIGHT TO SAY THINGS THAT OTHERS MIGHT TAKE OFFENCE
TO?
HSH728- HEALTH EQUITY AND HUMAN FRIGHTS
Author- CHETANYA DATTANA
Student ID- 219373014
Date submitted-

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FREEDOM OF SPEECH
Executive summary:
Freedom of speech is a basic human rights as regarded by all the national and international
legislations. It is a fundamental component for a democratic society, for it provides the
citizens to engage in a constructive debate in terms of nation building and social reformation.
However, freedom of expressing opinions seldom may impact others negatively. The views
that are expressed publicly may be taken in offense by the persons in the receiving end.
Hence, the debate is of significance on how much freedom may freedom of speech given to?
The following paper therefore discusses the nature and importance of freedom of speech as
well as the validity of right to offence. In conclusion, it tries to determine the instances where
freedom of speech can have liberty and where it should be regulated.

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FREEDOM OF SPEECH

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FREEDOM OF SPEECH
Table of Contents
Introduction................................................................................................................................4
Freedom of Speech: A Basic Human Right...............................................................................4
Right to Offense.........................................................................................................................5
Conclusion..................................................................................................................................5
References..................................................................................................................................6

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FREEDOM OF SPEECH
Introduction
Freedom is speech is basic human right. It can be described as the right to express
opinions and views undeterred by any government or institutional restraint (Alexander 2017).
It is a democratic ideal that dates back to the ancient Greece. With the development of
modern society, freedom of speech has been acknowledged as a democratic and civil right.
However, there has been a long standing debate in the context of freedom of speech.
Scholars often divide on the point of offense in this regard. To elucidate, freedom of speech
or freedom of expression more specifically can be criticized as offensive to others.
The aim of this paper is to build a discourse on whether freedom of speech gives one
right to offend others. This eventually will lead the discussion to right to offense. The paper,
therefore, will try to determine the boundaries of freedom of speech in terms of the use of
offensive views.
Freedom of Speech: A Basic Human Right
Article 19 of the Universal Declaration of Human Rights (UDHR) as recognized in the
International Covenant on Civil and Political Rights (ICCPR) on 16th December 1966 adopted
by the United Nations General Assembly proposes that everyone should be given the right to
hold and express opinions without any interference, thus proclaiming freedom of speech a
basic human right. (Humanrights.gov.au)
Australia ratifies the UN Declaration of Freedom of speech and emphasizes that
freedom of expression and opinion are the cornerstone for a free and democratic society. It is
also regarded as the necessary condition for the promotion and protection of human rights.
(Humanrights.gov.au)

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FREEDOM OF SPEECH
Right to Offense
The debate over freedom of speech includes the context of offense. In other words,
expressing one’s opinion may hurt others feelings or image. Hence, it is of importance to
determine how far one should go with expressing his opinion.
Evidently, there are some boundaries to freedom of speech. Even the UDHR later on
has amended the version by stating that this right comes with certain duties and
responsibilities. It restricts use of obscene and offensive matters such as slander,
pornography, sedition, incitement, classified information, trade secrets etc (Un.org.).
However, there are issues like hate speech and defamation that have fuelled the debate.
The matter has grown proportionately with the perspective of freedom of press and
rise of social media. Racial slander, terrorism as well as communal disaccord is perceivably
tormenting the society these days. Hence, the individual or organizational dissent must be
regulated.
The right to be offended is the flip side of the issue (Fish 2019). While there are
people who are directly affected by the misuse of freedom of speech, many individuals are
utilizing the restrictions against freedom of speech for protecting their self-interest. This is a
clear misuse of the restraints. However, these instances are to be justified in order to deter the
fundamental right.
Conclusion
In a democratic society, right to dissent is essential. Hence, the ground of offending
someone does not suffice for restricting freedom of speech. However, the amount of freedom
has to be restrained to ensure communal harmony and peace. Neither it should violate the
moral code or incite crime or sedition.

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FREEDOM OF SPEECH
References
Alexander, L.J., 2017. Freedom of speech. Routledge.
Fish, S., 2019. The First: How to Think About Hate Speech, Campus Speech, Religious
Speech, Fake News, Post-Truth, and Donald Trump.
Humanrights.gov.au. (2019). Freedom of information, opinion and expression | Australian
Human Rights Commission. [online] Available at: https://www.humanrights.gov.au/our-
work/rights-and-freedoms/freedom-information-opinion-and-expression [Accessed 27 Aug.
2019].
Un.org. (n.d.). Universal Declaration of Human Rights. [online] Available at:
https://www.un.org/en/universal-declaration-human-rights/ [Accessed 27 Aug. 2019].\]