100 % freedom of expression?

Instructions

• The facilitator introduces the task: Freedom of expression is an important human right, but are there situations in which this freedom should be restricted? The participants are to explore arguments for and against complete freedom of expression.
• The facilitator divide the participants into groups. There must be at least two groups because they will be working with freedom of expression from opposite perspectives. If there are many participants, for example 20 or more, they can be divided into four groups, where two of them will have the same task:
  • One (or two) group (s) will have this task: Find as many arguments as possible to support the idea of complete freedom of expression
  • The other group (s) will have this task: Find as many arguments as possible to support the idea that freedom of expression, in some circumstances, should be restricted (30 minutes).
• The groups present their work in a plenary session. The group (s) that have worked with arguments for freedom of expression shall present their arguments first.

Debriefing

The group work has shown that there are many good reasons for freedom of expression, but also that this freedom sometimes should be restricted. This duality is reflected in the international human rights documents. The treaties protect freedom of expression, but give the states possibilities to restrict this freedom in some situations and under certain circumstances.

For example, Article 10 in the European Convention on Human Rights recognises that freedom of expression cannot be absolute, but that there are good reasons for restricting expressions that have harmful and destructive effects. This may refer, for example, to expressions that compromise other peoples´ privacy and family life; that discriminate against vulnerable groups; that encourage violence and terrorism, that are pornographic and can harm children and young people; that disclose state secrets; or that have other negative impact on individuals, the state or the society at large. According to the Article, however, any restrictions must be according to the law and must be necessary in a democratic society. The underlying argument is that since freedom of expression is such a fundamental democratic value, the states´ restrictions cannot be arbitrary.

Tips to the facilitator

• A lecture on freedom of expression and how it is protected in the UN Convention on Civil and Political Rights and in the European Convention on Human Rights.
• Show the participants the video "The Legitimate Limits to Freedom of Expression: the Three-Part Test" (UNESCO).

Web resources

• Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
• Reporters without borders

Documents

• Freedom of Expression: Relevant articles from the Universal Declaration of Human Rights, the International Convention on Civil and Political Rights and the European Convention on Human Rights