Freedom of Speech - A Law and Oreder Overview

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MID EXAM ASSSIGNMENT 1

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Q: To what extent and how the right to freedom of expression and speech can be

restricted. Discuss different aspects of this right entitled in the constitution.

Introduction

Freedom of speech is the freedom to speak or express without any objection or control.

Freedom of expression implies the same meaning of freedom of speech but in addition, it

includes the process of receive and express any information regardless the source of the

information. It is said that freedom of speech is equal for everyone and it is important that

people express their feelings, ideas, thoughts and demands. In many countries, the freedom

of speech and expression is limited in some extent which includes offensive statements

against the authority, provocation against authority, profanity against law or religion etc.

The right to freedom of expression is accepted as a human right under Article 19 of the

Universal Declaration of Human Rights and acknowledged in international human rights

law in the International Covenant on Civil and Political Rights (ICCPR). (Freedom Of speech,

2011)1. According to the article 19 of the ICCPR, Everyone shall have the right to hold

opinions without interference" and "everyone shall have the right to freedom of expression;

this right shall include freedom 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". (Office of the United Nations High Commissioner for

Human Rights, 2011)2. It is clear from the international law and regulation that freedom of

speech and expression is a fundamental right for all the people all over the world. Despite

these laws, declarations and covenants, the right is still restricted in many extents in many

countries.

In the context of Bangladesh, freedom of speech and expression is a fundamental right of all

the citizen of the country. People have the right to express, to say whatever they have to say

to express regarding any matter. It is not a privilege or benefit that comes with a price.

Freedom of speech and expression is the right which is equal to all the human being. This

right has been stated in the constitution which implies that it is the very basic and very

important regulation. This particular law was entitled into the liberal constitution in 1972

when the constitution was adopted and implied.

Bangladesh is a democratic country. After the liberation war, country started as a

democratic country and the constitution was implemented. Shortly after, democratic

growth was promptly shortened when a trend towards dictatorship began with one party

1Freedom of speech, Wikipedia (2011), retrieved on 14

thOctober, 2011. Available at:

http://en.wikipedia.org/wiki/Freedom_of_speech2

International Covenant on Civil and Political Rights, (2011), retrieved on 14th

October, 2011. Available at:http://www2.ohchr.org/english/law/ccpr.htm
http://en.wikipedia.org/wiki/Freedom_of_speechhttp://en.wikipedia.org/wiki/Freedom_of_speechhttp://www2.ohchr.org/english/law/ccpr.htmhttp://www2.ohchr.org/english/law/ccpr.htmhttp://www2.ohchr.org/english/law/ccpr.htmhttp://en.wikipedia.org/wiki/Freedom_of_speech


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rule in 1975 and continued for 16 years. Finally this government was collapsed in 1991, but

the road to democratic system and freedom of speech it still in a very crucial condition.

Before returning to the democratic system in 1991, the freedom of speech and expression

was restricted and in some extent still continuing. There were restrictions over public

reaction and media due to political reasons and unfortunately it still continues. All the

people have the right to speak freely and express freely. It is not a privilege, it is a right.

Restriction on freedom of speech and expression

Media

Generally people understand that freedom of speech means the liberty to say whatever

comes to mind or whatever makes sense. From one point of view, that is true; but if we look

into a broader version, freedom of speech means to express the ideas which carries

thoughts and logics. On the other hand, to express the thoughts, views, arguments, logics

and points, people need a medium by which these can come into light. I can have many

ideas but if there is no medium, I cant express myself. The most significant , influential,

effective and mass people covering medium is the media which includes print media,

television, radio and internet. The media is the only way by which people can easily express

their thoughts and ideas.

In 1973, one year after the publishing the constitution of Bangladesh, The Printing Pressesand Publication (Declaration and Registration) Act was established. In 2001, the Dramatic

Performance Act of 1876 was revoked and the copyright regulation of 1962 was adjusted

and became a law in the year 2000. Cable Television Network Operation Act 2006 was

introduces in that year and from that time, all private TV networks came under this law.

Constitution

Part three of our constitution is all about fundamental rights. This part consists of section 26

to 47. All the basic and fundamental rights are mentioned here and it is important that

people know about what their rights are. The particular section no 39 talks about the

freedom of speech. The whole section is here

39.Freedom of thought and conscience, and of speech.

1) Freedom or thought and conscience are guaranteed.2) Subject to any reasonable restrictions imposed by law in the interests of the security of

the State, friendly relations with foreign states, public order, decency or morality, or in

relation to contempt of court, defamation or incitement to an offence-

a)

The right of every citizen of freedom of speech and expression;


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b) And freedom of the press, are guaranteed. (Constitution of the People's Republic ofBangladesh, 1972)

3

It is clear that the freedom of thoughts, principles and speeches has been ensured in the

constitution. Subsection 1 of section 39 clearly states that people of this country have theright to have free thoughts and principles. Then again, in the subsection 2 of section 39,

clauses for restriction have been entitled on the way to imply freedom of speech.

Restriction

Restriction means putting a block or limit or boundary or control over something.

Restriction on freedom of speech and expression means the limitation or the control over

expressing or saying thoughts and ideas. Authority with the power to put restriction over

the freedom of speech uses the restriction whenever necessary.

Restriction over the freedom of speech and expression can be imposed on various grounds.

The constitution provides us the freedom of speech under some clauses or conditions.

There is some provision which implies that under some circumstances, the restriction over

freedom of speech and expression can be implied. All these clauses like national security,

international relationships, and moral reasons are valid and well thought reasons. Under

this legislation, government can put control over the freedom of speech and expression

under any circumstances and any time.

All these reasons are fair but sometimes the grounds are not very logical. Sometimes the

authority uses their power to protect their own interest and uses these grounds to put

restriction. In the context of our country, whenever necessary, the restriction comes over

media because it is the only way to have mass public access and also the major source of

expression. By the constitution and article 39 undoubtedly says that freedom of thought and

principles is unlimited, but freedom of speech and expression and freedom of the press are

not without limitations. The limitation mentioned to in article 39 require action by law.

Without governmental power, the administrative cannot put any constraint or limitations

on these freedoms. To impose a restraint, the parliament may make an act only for that

purpose. While a civilian can apply all his / her rights in a general condition, explanatorysituation may create undeniable causes to create problems on the normal functions of the

state.

Section nine of the constitution stated about the unusual or emergency circumstances. If

the President believes that a crucial condition threatens the security or public life of the

nation (it can be it war, outside hostility or internal turbulence), he may declare an urgent

situation. When a crisis is issued, the rights established in articles 36 - 40 and 42 are

suspended so that the state has no limitations on its capacity to create any new

3Constitution of Peoples Republic of Bangladesh, 1972, retrieved on 14

thOctober, 2011. Available at:

Constitution of Peoples Republic of Bangladesh, Dhaka.


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commandments or take any supervisory measures. During emergency, the administration

has all the power. They can take any administrative decisions in spite of fundamental civil

rights since the procedures of elementary civil rights remain suspended during an urgent

situation. Besides the announcement of a crisis, other limitations relating to the security of

the country can be found in article 39(2). The section of the constitution entitles the

freedom of speech and expression, but provides such freedoms which related to the

defense of the country, friendly relations with foreign countries, community order, decency

or morality, contempt of court, offense or provocation to an offence. It is stated in different

laws to stipulate the punishment for violations that offend these press limits.

So, according to the law and regulation, freedom of speech and expression can be

controlled by the government under some logical ground. The fact is there are a lot of

violation of freedom of speech and expression. There are some forces against it like religious

people, conservative people, political power, corruption etc. Media and people have alwaysbeen on the same page and expressed the thoughts on what is right and what is wrong.

People via media stood against all the wrong doings and as a result, many news papers

stopped publishing, several TV channel gone under, a lot of journalists has been harassed,

attacked, threatened and killed. Some of these happened because of government, some of

these happened by the opposition party and some of these happened by the terrorist.

Journalists are regularly harassed and violently attacked by a range of actors including

organized crime groups, political parties and their supporters, government authorities, and

leftist and Islamist militant groups. Most commonly, they are subjected to such attacks as a

result of their coverage of corruption, criminal activity, political violence, the rise of Islamic

fundamentalism, or human rights abuses. Police brutality towards photographers

attempting to document protests or other political events also remained a concer n.

(Democracy Audit - Press Freedom, 2011)4

It is true that every law or regulation is important in some aspects. Section 39 of

constitution of Bangladesh is one of the most important laws for us. We have a glorious yet

sad 1952 because we didnt have any right to express ourselves. We have the revolution in

1990 because there was restriction over expression and speech. So, whenever there was

some sort of evil force bestowed upon this most important fundamental law, peoplereacted and went to the street to get the right for them. To the extent when the national

security is at stake, the reputation of the country is at stake, public satisfaction and peace is

at stake; then the freedom of speech can have some restrictions or boundaries. In reality,

the freedom has been violated each and every day. Recently, governments have tried to put

a legislation against the TV talk shows that criticizes the government and the policies. The

initiative was failed because people still have the sense what is right and wrong. On the

other hand, in a particular locality doesnt receive a certain newspaper because of a certain

4

Democracy Audit - Press Freedom. (2011).. Retrieved October 14, 2011, from World Audit:http://www.worldaudit.org/presstable.html
http://www.worldaudit.org/presstable.htmlhttp://www.worldaudit.org/presstable.htmlhttp://www.worldaudit.org/presstable.html


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political party stopped delivering that paper as that newspaper wrote against them. So, all

these very little stories are the violation of freedom of speech and expression. Only

government can put a hold on this freedom under some logical ground and emergency

which are mentioned in the constitution and thats it. No other can hamper or restrict the

freedom of speech and expression at any cost.

Different aspects

There are several aspects of freedom of speech and expression which has a very important

meaning for all the people of this country. In the constitution, under section 39, it is ensured

that people will have the freedom of having free thoughts and ideas and the freedom of

speech and expression under some condition. Section 32 of the constitution ensures the

personal liberty and freedom of speech can be count as a personal liberty to any citizen.

Section 44 entitles every citizen to file a case to claim this right. It is very important to

understand all the rights and freedoms. Under section 39 (1), people can have free thinking

and general principals which can define that particular citizen. Section 39 (2) defies the

problems can occur if the freedom of speech goes out of control. Which implies that

government kept some control overnight in case of emergency here freedom of speech and

expression can be restricted?

Conclusion

As a part of the modern time, people of Bangladesh are familiar with a wide range of

information and it is affecting all parts of life in all regions of the country. People have a lot

easier access to the information now a day which has empowered women and the

underprivileged; it has also created enthusiasm among all the people to take part in

development process. However, the democratic practice results in better access to

information should not hide the reality that the state still plays a large role in influencing the

media. There are a number of obstructions blocking the way of useful media developments

such as the countrys huge illiteracy rate, 48 percent for male and 71 percent for female. So,

media can contribute in and for the society if got enough freedom.


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Bibliography

Books:

People's Republic of Bangladesh. (1972). Constitution of the People's Republic of Bangladesh. Dhaka:

People's Republic of Bangladesh.

Websites:

Clive Lindley (Publisher), (2011). Democracy Audit - Press Freedom. Retrieved October 14, 2011, from

World Audit: http://www.worldaudit.org/presstable.html

Freedom Of speech. (2011, October 10). Retrieved October 14, 2011, from www.wekipedia.org:http://en.wikipedia.org/wiki/Freedom_of_speech

Office of the United Nations High Commissioner for Human Rights. (2011). International Covenant on

Civil and Political Rights. Retrieved October 14, 2011, from International Covenant on Civil and

Political Rights: http://www2.ohchr.org/english/law/ccpr.htm

People's Republic of Bangladesh. (1972). Constitution of the People's Republic of Bangladesh. Dhaka:

People's Republic of Bangladesh.

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Freedom of Speech - A Law and Oreder Overview