Project Elicit - Freedom of Expression ( Article 01)

 Speak Your Mind: Why Freedom of Expression Matters

Imagine a world where expressing your opinions, sharing your ideas, or speaking your mind without fear of punishment or retribution is a distant dream. Unfortunately, this is a harsh reality for many individuals, where freedom of expression is under threat. In this article, we will delve into the importance of freedom of expression, its current state in Sri Lanka, and the regulators' duty to ensure transparency and equality in upholding this fundamental right.

What is Freedom of Expression?

Freedom of expression refers to the right to express one's thoughts, opinions, and ideas through various forms of communication, including speech, writing, art, music, and other forms of expression. This right is declared in Article 19 of the Universal Declaration of Human Rights, which states that "everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers."

In Sri Lanka, the legal framework governing freedom of expression is complex and multifaceted which includes key laws and regulations as follows 

1. The Constitution of Sri Lanka: guarantees the right to freedom of speech and expression, including the freedom to hold opinions and to receive and impart information and ideas.

2. Press Council Act No. 5 of 1973: Promotes and protects the freedom of the press.

3. Broadcasting Authority Act No. 67 of 1997: Regulates broadcasting in Sri Lanka and provides for the establishment of a Broadcasting Authority to oversee the industry.

4. Telecommunications Regulatory Commission of Sri Lanka Act No. 27 of 1996: Regulates the telecommunications industry in Sri Lanka with the establishment of a Telecommunications Regulatory Commission.

5. Computer Crimes Act No. 24 of 2007: Regulates cybercrime in Sri Lanka and provides for penalties for offenses such as hacking, cyberstalking, and online harassment.

6. Prevention of Terrorism Act: Provides for the prevention of terrorism in Sri Lanka and gives the government broad powers to restrict freedom of expression in the name of national security.

A person is free to submit a letter to the editor of a newspaper voicing their thoughts on a certain topic, provided that the message does not promote violence. A person can voice in a peaceful protest, provided that it is not disruptive or violent. Also can produce music or art that reflects their beliefs, provided as it is neither offensive or violent. People are free to give their thoughts on social media as long as they don’t engage in hate speech, promote violence, or defame others. Journalists can report on current events as long as they are accurate, fair and do not incite hatred. 

However, when the government censors news, restricts access to social media platforms, or blocks specific content, it can be seen as a violation of freedom of expression. Similarly, arresting and detaining individuals for expressing views deemed threatening to national security or public order, suing or fining individuals for expressing views deemed defamatory or inciting violence, and intimidating or harassing individuals for expressing unpopular views can all be considered restrictions on freedom of expression.

Although the right to free expression is guaranteed by the constitution, there are situations in which this freedom may be restricted, such as when it comes to maintaining public order or national security. Freedom of expression does not grant people the right to engage in hate speech or to promote violence or hatred towards others, even while it allows the freedom to express beliefs. As a result, people have an obligation to respect others’ rights and exercise their right to free speech in an appropriate manner. Additionally, it is critical that the public understands the laws and regulations governing freedom of expression as well as those that restrict it in order to prevent violations of laws. Moreover, one should not be afraid to seek justice through court in case of restricted freedom of expression. 

It is the duty and responsibility of regulators to provide justice to individuals whose freedom of expression has been violated. Regulators must ensure that they are transparent and equal in their application of laws and regulations, avoiding arbitrary restrictions on freedom of expression. The Prevention of Terrorism Act, for example, can be seen as a measure to protect peace and stability in the country, but it can also be used as a tool for retribution. 

Recent initiatives of the government such as Constitutional amendments, Right to Information Act, Media reforms, efforts to enhance digital literacy shows the efforts to protect human rights and freedom of expression providing a more safe, accountable and open environment for individuals. 

In conclusion, the right to free expression is necessary for a functioning democracy and regulators have an obligation to protect this right with equal respect and transparency, avoiding instability and inconsistencies and giving justice to those whose right to free expression has been infringed. Understanding the laws and rules governing freedom of expression and exercising it responsible while respecting others are crucial for the citizens of a country. We can encourage a culture of free communication, tolerance, and understanding in which people can express their opinions without worrying about consequences by doing this. 

- By Leo Senadhi Perera-