Freedom of Expression: Principles

Principles Underlying Freedom of Expression and of the Press

• Freedom of expression is sometimes referred to as freedom of speech, with the two terms being interchangeable
• Freedom of expression is related to freedom of the press, freedom of expression involves oral speech, print, or audiovisual materials and cultural artistic, or political expression
• Freedom of the press places an emphasis on the print and broadcast media, especially those related to journalism and journalists
• Freedom of expression is not absolute; it carries special duties and responsibilities, so restrictions can be applied as provided by law and are deemed necessary
• Freedom of expression protects the rights of both speaker and listener, and finding a balance between the rights to dignity, safety, and privacy is usually difficult
• The term "freedom of expression" dates back to ancient times with the Greek Athenian era more than 2400 years ago
• Freedom of expression has been widely used by different groups, including scholars, politicians, activists, and laypersons
• Valid international standards describe it as the right includes freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media, and regardless of frontiers
• Valid international standards also indicate that everyone has the right to hold opinions without interference and to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice
• Valid international standards encompasses the right to seek, receive, and impart information and ideas of all kinds, includes both the right to impart or express information and ideas, and the right to access information

Importance of Freedom of Expression

• Freedom of expression enables true progress and development
• The need to express ourselves is a universal human condition
• Freedom of expression assures individual self-fulfillment
• It allows individuals to reach their full potential
• It helps in the search for truth and the advancement of knowledge, exposing judgment to alternatives and testing
• Enables participation in decision-making, especially in politics
• Allows a society to achieve stability and adaptability

Risks to Freedom of Expression

• Freedom of expression is threatened when actions are taken due to conflicting political beliefs
• Earliest media to be regulated through licensing was print
• Queen Mary of England put in place a Royal Charter 500 years ago that limited printing to members of the Company of Stationers
• License for broadcasting is required in most countries, particularly for radio and television
• Broadcasting licensing started for technical reasons, as frequencies are limited and need rationalization
• Licensing enables control over who can publish/broadcast, potentially leading to authorities granting licenses only to those who adhere to the official doctrine
• Authorities may punish those disagreeing with them by denying or revoking licenses to go against the wishes of the authorities
• Common threats to freedom of expression come from physical and emotional intimidation
• People with opposing views may be threatened, and dissenters may be interrogated
• Access to information can be restricted by limiting the ability to seek and receive information stated in Article 19 of UDHR
• Ways to limit access to information includes high fees or "switching off" internet access
• Justifiable restrictions to information include medical records or the locations of weapon storage under “national security.”
• Defamation laws can be misused to silence freedom of expression- Defamation occurs when false and malicious accusations are made usually with libel or slander suits that require compensation for legal fees
• Unfair laws and regulations can stifle freedom of expression

Conditions Needed for Freedom of Expression

• The rule of law is fundamental to the stability of society and the democratic process
• Rule of law depends on an independent judiciary and government restraint
• Media has a vital role in investigative journalism and court transparency
• “Independent and pluralistic press” from 1991 UNESCO conference is defined independent from control and end of monopolies
• Media ownership includes private (for profit), community-based, state-owned, and public service broadcasting (PSB)
• PSB is neither commercial nor state funded, aiming to inform, educate, and entertain
• Diverse media sources reduce misinformation, but multiplicity alone does not ensure diversity and large media conglomerates may undermine varied media
• The increase in the number of freedom of information (FOI) or right to information (RTI) laws is an important development
• These laws facilitate public access to information held by public bodies, which contributes to government transparency and accountability
• Civil society refers to groups who come together freely with a purpose in the public sphere that fills the gap between the individual citizen and the state or the government
• Vibrant civil society is one benchmark for a healthy democracy through its expression to hold and seek ideas and opinions

Guarantee of Freedom of Expression in the Philippine Constitution

• The Philippines has had four constitutions that are the Malolos Constitution of 1898, the 1935 Constitution, the 1973 or (Ferdinand) Marcos Constitution and the 1987 or People Power Constitution
• The Constitution of the First Philippine Republic of 1899 grew out of the revolution against Spain
• Promulgated under the US Commonwealth, the second constitution remained in force until 1972 and that Ferdinand Marcos placed under martial law to make himself an absolute ruler
• Approved in pre-arranged community meetings, the third was adopted during the martial law period
• Result of Marcos's overthrow in 1987, drafted under Corazon Aquino, and the fourth is the most liberal for human rights and expression
• All Philippine Constitutions have acknowledged free expression and press freedom
• The Malolos Constitution guaranteed that no Filipino would be deprived of their right to freely express his ideas or opinions, orally or in writing, through the use of the press and similar means.
• American control brought the US Constitution's First Amendment into the Philippine legal system
• The People Power Constitution guarantees in Article III – Bill of Rights that there is freedom of expression (Section 4), privacy (Section 3) and the right to information (Section 7)
• Article IX-C empowers the Commission on Elections to "supervise or regulate the enjoyment and utilisation of all franchises and permits for the operation of...media of communication.”
• Article XVI limits media ownership to “citizens of the Philippines, or to corporations, cooperatives or associations wholly owned and managed by such citizens.” and empowers Congress to regulate/prohibit monopolies
• Article III, Section 7 guarantees access to information
• VI, Section 16 (4) of the 1987 Constitution, requires Congress to 'keep a journal of [their] proceedings, and from time to time publish the same’.
• Section 20 mandates that records and accounts of the Congress should be preserved and open

Restrictions on Freedom of Expression

• Freedom of expression can be restricted but also should have strictly defined parameters
• Article 19(3) of the ICCPR states conditions which restrict expression to respect rights or the protection of national security or public order
• The Philippine Constitution provides that privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law