Essay
Limits on freedom of expression?
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An essay I wrote for the New college of Humanities essay competition.
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What limits, if any, should we place on the right to freedom of expression?The concept of freedom of expression will continuously be a product of social evolution,
therefore meaning freedom of expression will never be subjected to the full depths of
freedom; as Article 10 of the Human Rights Act, 1998 states, “everyone has the right to
freedom of expression” in the UK. However, the law states that this freedom may be “subject
to formalities, conditions, restrictions or penalties as are prescribed by law and are
necessary for a democratic society". Freedom of speech is the right to hold your own
opinions and to express them freely without government interference, for example,” through
public protest and demonstrations) or through: published articles, books or leaflets. television
or radio broadcasting”
One view is that the substantiated limits placed on freedom of expression protect all those
who reside in the area to which the law extends; however, this essay addresses the
fundamental characteristics of what freedom of expression is, and its effects of the limits on
the masses. It will look at the idea of freedom of expression being a narrower concept than
is often perceived to be the case, thus setting out the limits that currently exist. Finally, it will
look at how freedom of expression is a social construct, and therefore the pronoun “we” has
to be considered in this context.
An example of the fragility of freedom of expression is presented through the repeal of the
Blasphemy Act 1828. An example of progressive freedom of expression in this act, which
was later repealed in 2008, was that to blaspheme is the action or offence of speaking
sacrilegiously about God or sacred things; however, with the social evolution of
secularisation, this law was removed, thus emphasising the fragility of freedom of expression
and its constant change, depending on the institution in power. Freedom of expression,
therefore, will forever remain a social construct, and a precarious means to secure the
public's ability to express themselves within the bounds of the law.
Different ideas have been accepted and also refuted by morphing societies. In the case of R
vs Paul Chambers, formally named the ‘Twitter Joke Trial'. [Neutral Citation Number: [2012]
EWHC 2157 Case No: CO/2350/2011] the appellant, Paul Chambers, sent public electronic
communication of a “menacing character,” contrary to s.127(1)(a) and (3) of the
Communications Act 2003 (the Act), which states “A person is guilty of an offence if he—
“sends utilising a public electronic communications network a message or other matter that
is grossly offensive or of an indecent, obscene or menacing character.”
The question of limits on freedom of expression is currently in practice regarding the current
protest bill, being pushed by the home secretary, Priti Patel. The current societal discontent
regarding this matter is a clear indication of the public's views of their ability to express
themselves, as freedom of expression linked to Article 11 protects your right to protest by
holding meetings and demonstrations with other people. Freedom of expression can not be
free if constant parliamentary intrusions occur. In 2022, the evolution of freedom of speech is
currently being threatened as a result of the Police, Crime, Sentencing and Courts Bill in
parliament.
C.A
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