Freedom of Expression on the Internet: Comparison between Canada and the United States

I. Introduction

“Congress shall make no law … abridging the freedom of speech, or of the press …” as stated by the First Amendment of the United States Constitution[1]. Most subsequent democracies have adopted this view as well, believing that it is a fundamental part of what makes a democratic system effective. For example, Canada has given their citizens the right to freedom of speech; but like the United States, they have placed certain limitations which restrict its usage. The limitations were put in place because the right to free speech had been abused, especially when considering its use in cyberspace. Freedom of speech in cyberspace is inherently a global issue because the Internet is so pervasive, so Canada and the United States are being extremely cautious by using preventative techniques. After looking at the ethical issues involved, I believe that speech in cyberspace should not be completely “free” and should be regulated by increasing the security measures placed on Internet websites.

II. Background

In order to thoroughly grasp the significance of free speech in cyberspace, it is important to review the basics of free speech in general. Free speech is “the right to express any opinion in public without censorship or restraint by the government,” but also the right to listen/read/watch another person’s right to free speech.[2] Although this definition states that the government cannot use censorship, the government has afforded itself some loopholes.

The Fourteenth Amendment extends the right of free speech to state and local governments as well as government-run institutions (public schools, colleges, and universities). Private schools are not restricted, yet most choose to adopt the policies of free speech anyways or are mandated to do so by the state governments.[3] The key words to notice here are “public” and “private”, as they can easily demonstrate the right to free speech. If the free speech takes place in a public forum, such as in books or at the park, then it cannot be censored. However, if it takes place in a private forum, such as within a private building or organization, then the free speech can be censored.

The Canadian government provided a constitutional guarantee of freedom of expression in 1981 under the Charter of Rights and Freedoms. However, the Canadian courts have used Section 1 of the Charter (provides that all rights are subject to such reasonable limits as can be justified in a free and democratic society) to “justify various forms of censorship.