freedom of speech
Freedom of speech (also freedom of speech) is the freedom to express oneself without censorship and without restriction. The synonymous term freedom of expression is sometimes used to indicate that it is not just freedom of speech, but also the freedom to receive, search and disseminate information and ideas in any way, regardless of the means used. These freedoms are closely linked to the concept of freedom of thought. In practice, freedom of expression is not absolute in any state and is normally subject to restrictions, such as "hate speech" or "threatening". The right to freedom of expression is enshrined as a human right in Article 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Rights (MPOPP). The MPOPP defines the right to freedom of expression as “the right to have opinions, without hindrance. Everyone should have the right to freedom of expression. " In addition, freedom of expression is enshrined in European, American and African regional human rights standards.
Right to freedom of expression and expression
Freedom of expression or expression are enshrined in international and regional human rights conventions. This right is declared in Article 19 of the International Covenant on Civil and Political Rights, Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, Article 13 of the American Convention on Human Rights and Article 9 of the African Charter on Human and Peoples' Rights. in early human rights documents, such as the British Magna Carta libertatum (1215) or the Declaration of the Rights of Man and of the Citizen, a key document of the Great French Revolution. Based on John Stuart Mill's arguments, freedom of speech is now understood as a right that includes several aspects, not only the right to express information and ideas, but also three other aspects:
the right to seek information and ideas
the right to receive information and ideas
the right to disseminate information and ideas International, regional and national legal norms also enshrine freedom of expression as freedom of expression by any means, whether orally, in writing, in print, via the Internet or in the form of artistic creation. This means that the protection of freedom of expression as a right includes not only content but also the way of expression.
Relation to other rights
The right to freedom of expression is closely linked to other rights and may be restricted if it conflicts with other rights (see Restrictions on freedom of expression). The right to freedom of expression is particularly important for the media, where it plays a role as a bearer of the general right to freedom of expression for all (see article Freedom of the press).
Freedom of expression in the Czech Republic
Within the Czech legal system, freedom of expression (together with other freedoms) is guaranteed by Article 17 of the Charter of Fundamental Rights and Freedoms. The article guarantees freedom of expression and the right to information, the inadmissibility of censorship, the right to express opinions in any way and to freely seek, receive and disseminate ideas and information regardless of state borders. Under this article, public authorities are also required to provide adequate information on their activities.
In this article, the Charter recognizes the possibility of a legal restriction on freedom of expression and the right to seek and impart information, in a democratic society necessary for the protection of the rights and freedoms of others, state security, public security, public health and morality. However, the right to receive information cannot be restricted in any way.
Legal norms that implement specific restrictions on freedom of expression and other related rights include the Criminal Code, now replaced by the Criminal Code.
The sections of the Criminal Code restricting freedom of expression include, for example:
§ 180 Unauthorized