Types of Expressions

Types of Expressions

The resources on this Module explore the nature and extent of freedom of expression through a focus on specific speech or speakers, such as political speech, art, or protest.  The readings will demonstrate the existence of a range of standards regarding their protection and regulation, largely enshrined in many regional and country practices, although not all.

8 items found, showing 21 - 8
Author: Article 19
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The Global Expression Report 2023 provides a comprehensive analysis of the state of freedom of expression worldwide. It assesses 161 countries using 25 indicators to assign each a score between 0 and 100, categorizing them into various levels of expression freedom: In Crisis (0-19), Highly Restricted (20-39), Restricted (40-59), Less Restricted (60-79), and Open (80-100).

Key findings include:

1. **Decline in Global Expression**: There has been a significant decline in freedom of expression globally. The Global Expression Score, the mean average of country scores, has dropped by 6 points since 2012. Even more concerning is the Human Score, weighted by population, which shows a 13-point decline over the same period.

2. **Widespread Repression**: Around 80% of the global population now lives with less freedom of expression than a decade ago, affecting over 6 billion people in more than 80 countries. The 21st century has seen an increase in repression for the majority of the world's population.

3. **Disproportionate Impact**: The report highlights that more countries are experiencing declines in freedom than those witnessing improvements. Notably, countries with declining freedoms tend to have larger populations. For instance, 95% of countries that have seen advances in the last decade have populations under 50 million, whereas only 74% of countries with declining freedoms have populations of that size.

Overall, the report paints a concerning picture of the current state and trends of global freedom of expression.

Article 19. 'Global Expression Report 2023'. 2023. https://www.globalexpressionreport.org/

Author: UNESCO
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"With [a] global mandate to protect 'the free flow of ideas by word and image', UNESCO acts worldwide to advance fundamental freedoms, and to ensure that obligations are fulfilled and rights are exercised. [UNESCO works] to increase the knowledge and capacities of judiciary members on international and regional standards on freedom of expression and the safety of journalists. As a result, since 2013, more than 18,000 judicial operators and civil society representatives in Latin America, Africa and the Arab region have been trained on these issues. This toolkit on international standards for freedom of expression builds on these efforts, aiming to give a global scope to this endeavour. By reinforcing the knowledge and capacities of the judiciary, the toolkit effectively contributes to the implementation of the UN Plan of Action on the Safety of Journalists and the Issue of Impunity, adopted by the UN Chief Executives Board in 2012 and recognised by the UN General Assembly in 2013. The Plan of Action aims to create "a free and safe environment for journalists and media workers in both conflict and non-conflict situations, with a view to strengthening peace, democracy and development worldwide". [It is hoped] that this toolkit will be a useful tool for judges, public prosecutors, judicial training institutes, academics and judicial actors at large, so that respect for freedom of expression, public access to information, and the safety of journalists become an integral part of efforts to guarantee and promote human rights in our societies."

UNESCO. “Global Toolkit for Judicial Actors: International Legal Standards on Freedom of Expression, Access to Information and Safety of Journalists”. 2021. https://unesdoc.unesco.org/ark:/48223/pf0000378755. 

Author: Amnesty International
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This short course 'Human Rights: The Right to Freedom of Expression' created by Amnesty International "will equip you with the knowledge to understand and claim your right to freedom of expression, and the skills and confidence to take action to defend it. Learn from the experts at Amnesty International how to claim and defend your rights in this human rights course. You will be challenged to think critically and devise effective actions to defend the human rights of others. You will be able to adapt the human rights of freedom of expression, association and assembly to real life situations and come face-to-face with human rights activists on the front line of human rights defense." "The course ran from 17 November to 8 December 2015 and remains online for you to browse or refresh your knowledge in archive mode."

Author: Association for Progressive Communications
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"The Internet rights are human rights is a series of training modules concerned with the relationship between human rights, ICTs and the internet. These modules are intended to help those who work on human rights and/or ICTs, and others with an interest in the issues, to understand ways in which the internet is affecting the enjoyment and protection of rights – now and in the future – and explore how these affect their work." The modules are: Introduction to Human rights, ICTs and the internet; Freedom of association and freedom of assembly; Freedom of expression and freedom of information;The right to privacy.

Association for Progressive Communications, Internet rights are human rights, 2013, http://www.itrainonline.org/itrainonline/mmtk/irhr.shtml 

Author: MOOC Chile (Prof. Tomás Vial)
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This introductory lesson on Freedom of Expression, delivered by Prof. Tomás Vial, is Lecture 9 of the free online course on International Human Rights Law offered by MOOC Chile. In this lesson, Prof. Vial explores answers to primarily two questions: 1) what is the freedom of expression? and 2) why is it an important right? Identifying the freedom of expression as an essential right in a democratic society, Prof. Vial elaborates on the following in this lesson: 1) sources of freedom of speech in International Human Rights Law, 2) the types of discourses which are protected and those which are not, 3) the main justifications for the protection of free expression, and, 4) the main restrictions to which the freedom of expression may be subjected.

MOOC Chile (Prof. Tomás Vial). “Introduction to Human Rights: Freedom of Expression.” 2014. https://www.youtube.com/watch?v=txQih8zwhH8&t=171s.

Author: Jeremy Bentham
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Bentham’s statement of press freedom argues to permit political associations/assemblies in public and resistance to governmental authority as a check to abuse of power. Special mention of permitting criticism, including of state officials, and a discussion of how sedition and defamation of public officials should be addressed.

Bentham, Jeremy. The Works of Jeremy Bentham, published under the Superintendence of his Executor, John Bowring (Edinburgh: William Tait, 1838-1843). 11 vols. Vol. 2. Available from http://oll.libertyfund.org/titles/1921

Author: Council of Europe, Wolfgang Benedek and Matthias C. Kettemann
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As the Council of Europe Newsroom reports, “The Council of Europe has launched a Manifesto on the Freedom of Expression of Arts and Culture in the Digital Era. The Manifesto sums up the importance of artistic creation and cultural industry for our democratic societies as well as the protection, which Article 10 of the European convention on human rights extends to the freedom of artistic expression. Freedom of speech is also the freedom to create. The power of art to communicate and open up new perspectives and ideas makes the artist, artistic mobility and artistic freedom strategic resources for society, helping to overcome fragmentation and addressing today's global challenges. Council of Europe Secretary General Marija Pejčinović Burić has endorsed Manifesto on the Freedom of Expression of Arts and Culture in the Digital Era: ‘Freedom of artistic expression is part of freedom of expression, protected by Article 10 of the European Convention on Human Rights. The Manifesto on the Freedom of Expression of Arts and Culture in the Digital Era is a political commitment to promote the right of artists to express themselves freely even under difficult circumstances. Freedom of artistic expression is facing growing pressure. More and more artists, experts and cultural professionals who hint at problems, spell out uncomfortable truths, make the unseen visible are subject to pressure, censorship, intimidation and harassment. Moreover, the COVID-19 crisis has severely affected the working conditions and income of artists and the cultural and creative sector as a whole. The Manifesto draws attention to these risks and sends a clear political signal to protect openness and creativity, which are essential ingredients of our democracies’.” 

Council of Europe. “Manifesto on the Freedom of Expression of Arts and Culture in the Digital Era”. 2020. https://rm.coe.int/manifesto-on-the-freedom-of-expression-of-arts-and-culture-in-the-digi/1680a056a2

Author: Geoffrey Palmer
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This article considers the law of sedition, tracing its history through the origins and evolution of such laws in England. It discusses the philosophy behind freedom of expression, identifying the four commonly held justifications for the principle. It contemplates the tradition of free speech in the United States and the relationship between First Amendment free speech, defamation, and sedition, as illustrated in the case New York Times v Sullivan. It argues that sedition (in the form of defamation against the government) strikes at the very heart of democracy and that political freedom ends when government can use its powers and its courts to silence its critics.

Geoffrey Winston Russell Palmer, Political Speech and Sedition, 11 & 12 Yearbook of New Zealand Jurisprudence 36 (2009)