Freedom of Expression by Elisabeth Laria
Freedom of Speech in Australia:
Freedom of speech is defined as “the right to express any opinions without censorship or restraint.”
This right is designed to protect the freedom of expression and speech in Australia, however this right is not absolute in Australia. The Universal Declaration of Human Rights and the International Convention on Civil and Political Rights, both address this issue and protect it. This freedom affects our daily life in which we have the right to voice our opinions, it affects political expressions, it affects whistle-blowers and public disclosure, it affects the media and it protects against racial vilification. This is a major problem in Australia as people have been calling
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Representative democracy, the system which Australia’s government is elected, benefits form freedom of speech, as it allows the media and the public to voice their opinions and to bring attention to certain things that are important. In the landmark case, Australian Capital Television Pty Ltd v the Commonwealth the High Court concluded that “The efficacy of representative government depends upon the free communication on such matters [in relation to public affairs and political discussion] between all persons, groups and other bodies in the community.” This demonstrates that without freedom of speech, representative democracy cannot exist fairly. Freedom of speech allows the public to scrutinise and criticize and question government and get a clearer view of the issues. Without this we would have what the government gives us and nothing more, most issues would be swept under the rug for the public to forget about. No progression or evolution would happen, no innovation, and no creativity, without it all creativity and individualism would be removed from Australia. Another problem that would occur without this right is the lack of disclosure from the government, whistle-blowers and the media help us understand our society and help us make up our own mind on the issues. Removing freedom of speech would lead to an Orwellian society, in which nobody questions or criticises the government, and everybody thinks the
Allowing freedom of expression to everyone was not an easy step to take, because some thought that depending on someone's colour, and or race their opinion did not matter. The beginning steps began with the expression of religion allowing everyone to practise their religion in peace, with reasonable limits, soon all colours around the country were expressing their opinions to problems that took place in their society, and government. This human right may easily be more important than the other human right, saving lives from discrimination, and hate. The near future looks well organized as “freedom of expression” is passed on and used by everyone, prevents arguments due to the fact that everyone has a say, not considering one's class. Freedom of expressions is a fundamental right, which in most times is greatly used over all the other human rights. The right to speak plays a vital role in the healthy development of any society, without it the rich become richer, and the poor become more poor. The days of that have passed, now freedom of expression has moved on from Canada, and travels around the world to countries, where people are put to work against their will. The change will be drastic for the better and freedom of expression provides importance for the other human rights in the near
The case, R. v. Keegstra, constructs a framework concerning whether the freedom of expression should be upheld in a democratic society, even wh...
Freedom of speech has been a controversial issue throughout the world. Our ability to say whatever we want is very important to us as individuals and communities. Although freedom of speech and expression may sometimes be offensive to other people, it is still everyone’s right to express his/her opinion under the American constitution which states that “congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press”. Although this amendment gave people the right express thier opinions, it still rests in one’s own hands as how far they will go to exercise that right of freedom of speech.
The issue for all Australians is that if there is a Bill of Rights, it will take some time getting use to new constitutional arrangements. However, by enacting a Bill of Rights, it will be a starting point of something great; providing basic constitutional principles, independence of judiciary, fundamental protection of human rights and the independence of judiciary.
Censorship, defined as the act of destroying, suppressing or withholding information otherwise intended for the public, is detrimental to the community in a number of ways and has no place in a democratic society. Firstly, it is detrimental to the progression of social ethics, morals and ideals and limits diversity in society while prolonging ignorance. Secondly, it is a breach of freedom of expression, free speech and the free press. It will be demonstrated in this essay that censorship does happen in Australia, that it is not beneficial to society, and that it should be replaced with a system of management where members of the public will always have a choice as to whether or not they can view material intended for the public. Censorship in Australia comes about in a few ways.
Being expression one of the most important rights of the people to maintain a connected society right to speech should be accepted to do so. The first amendment is one of the most fundamental rights that individuals have. It is fundamental to the existence of democracy and the respect of human dignity. This amendment describes the principal rights of the citizens of the United States. If the citizens were unable to criticize the government, it would be impossible to regulate order. By looking freedom of speech there is also freedom of assembly and freedom of press that are crucial for the United States democracy.
The United States of America is often known for having more freedom than anywhere else. As Gandhi said, “A ‘no’ uttered from the deepest conviction is better and greater than a ‘yes’ uttered to please, or what is worse, to avoid trouble.” Freedom of speech is a big part of the American culture and citizens are encouraged to speak their minds and opinions openly. It is such an important aspect of each American individual that it is
The First Amendment protects the right of freedom of speech, which gradually merges into the modern perspective of the public throughout the history and present. The restriction over the cable TV and broadcast media subjected by the Federal Communications Commission violates the freedom of speech, irritating the dissatisfied public by controlling over what can be said on the air. Should the FCC interfere with the free speech of media? The discretion of content being presented to the public should not be completely determined by the FCC, but the public in its entirety which enforces a self-regulation with freedom and justice, upholding and emphasizing the freedom of speech by abolishing the hindrance the FCC brought.
On December 15, 1791, the first amendment- along with the rest of the Bill of Rights- was passed by congress. Although the amendment allows verbal freedom to the citizens of America, many argue that it also comes with great risks.The possibility of both mental and physical harm to citizens through the practice of free speech should be taken into consideration. Limiting free speech has potentially saved lives by monitoring what a person can or can not say that could cause distress to the public (e.g.- yelling “bomb” on an airplane). Others argue that the limitation of free speech will hinder our progress as a nation, and could potentially lead to our downfall through governmental corruption. In a society where the freedom of speech is a reality, one must question the risks and limits of that right.
Freedom of expression is an inalienable human right and the foundation for self-government. Freedom of expression defines the freedoms of speech, press, religion, assembly, association, and the corollary right to receive information. Human rights and intellectual independence; the two are inseparably linked. Freedom of opinion and determining what you want to read is not
The right to free speech is the cornerstone, the vital element which makes a leading path to other fundamental rights. It is one of the most precious rights we, as citizens of the world, have. This right gives people the opportunity to speak out their mind.
... and regular election. Without this right political parties cannot campaign properly which can lead to unfair completion during elections. So to insure democracy for all, freedom of expression is important when trying to preserve a democratic society.
2016) creates unease amongst the population. It is the only western country that does not have a Bill of Rights, and Australians believe our political system is being left behind. For numerous years Australians did not want a Bill of Rights due to not wanting to be in association with the United States, however, since New Zealand’s recent enactment of the New Zealand Bill of Rights Act 1990 (Cth) many are beginning to reconsider the notion that the population and political system is better off without a Bill of Rights. Former Australian politician, Ron Dyer, is also sceptical about the current situation political parties are facing and how they are handling the anti-terrorism acts as well as the countless breaches of Human Rights, “It seems to me that these laws [anti-terrorism laws] go well beyond the proper limits that should apply in a liberal democracy” (Dyer, R. 2016).
Freedom of speech cannot be considered an absolute freedom, and even society and the legal system recognize the boundaries or general situations where the speech should not be protected. Along with rights comes civil responsib...
Kirby, M. 1997, ‘Bill of Rights for Australia – But do we need it?’, viewed 30 March 2014, < http://www.lawfoundation.net.au/ljf/app/&id=/A60DA51D4C6B0A51CA2571A7002069A0>