Freedom of Expression and Freedom of Speech By: Dr Mahmoud Dugdug

12:37 PM May, 24 2024

Sudanese Online
محمود ابكر دقدق-الدوحه
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International Law Researcher
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Freedom of expression and freedom of speech are often used interchangeably, and both are fundamental rights that contain a personal and a social dimension, the two freedoms are essential for individual liberty, creativity, and the free exchange of ideas, and are protected by the norms of international human rights law. But the scholars believed that there is a subtle difference between the two freedoms:
The Freedom of expression is a fundamental human right that enables individuals to express their thoughts, opinions, and ideas without fear of government restriction or censorship. It is a cornerstone of democracy, allowing for the free exchange of ideas, criticism, and dissent. This freedom includes:
1. Speech
2. Writing
3. Art
4. Music
5. Protest
6. Assembly
7. Online expression
Freedom of expression also is essential for:
1. Political discourse and debate
2. Holding those in power accountable
3. Social and cultural development
4. Personal growth and self-expression
5. Exposing injustice and promoting human rights
However, freedom of expression is not absolute and may be subject to limitations, such as:
1. Incitement to violence or hatred
2. Defamation or libel
3. National security concerns
4. Obscenity or child protection
The right to freedom of expression is enshrined in international human rights law, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the African Charter on Human Rights, American Convention on Human Rights, and the European Convention on Human Rights. It is crucial for building a just, open, and inclusive society.
As for the Freedom of speech refers specifically to the right to express one's thoughts, opinions, and ideas through verbal or written communication, such as:
- Speaking publicly or privately
- Writing articles, books, or social media posts
- Engaging in debates or discussions.
While the freedom of expression, on the other hand, encompasses a broader range of forms of expression, including:
- Artistic expression (e.g., music, art, dance)
- Symbolic expression (e.g., flags, signs, clothing)
- Nonverbal expression (e.g., gestures, body language)
- Commercial expression (e.g., advertising)
In other words, freedom of speech is a specific type of freedom of expression that focuses on verbal and written communication, while freedom of expression is a more comprehensive right that includes various forms of expression beyond just speech. The freedom of speech is the right to express one's thoughts, opinions, and ideas without fear of government restriction or censorship. It is a fundamental human right, essential for individual liberty, democracy, and the free exchange of ideas, and it includes but not limited to:
1. Verbal and written communication
2. Symbolic expression (e.g., flags, signs)
3. Artistic expression (e.g., music, art)
4. Political speech (e.g., criticism, protest)
5. Commercial speech (e.g., advertising)
Freedom of speech is one of the basic and indispensable rights, and important because it:
1. Allows for political dissent and critique
2. Enables social and cultural progress
3. Fosters artistic and intellectual creativity
4. Facilitates personal growth and self-expression
5. Encourages open discussion and debate
However, freedom of speech is not absolute and may be subject to limitations, such as:
1. Incitement to violence or hatred
2. Defamation or libel
3. National security concerns
4. Obscenity or child protection
5. Harassment or intimidation
The two freedoms are considered to be cornerstone of civil liberty, requires continuous commitment and advocacy, this means that all people have the right to say what they think, share information and demand a better world. Unfortunately governments around the world routinely imprison people simply because they decided to speak out. However, freedom of speech and expression are not absolute rights, may not be recognized as being absolute, and common limitations or boundaries to the two freedoms relate to libel, slander, obscenity, pornography, sedition, incitement, fighting words, hate speech, classified information, copyright violation, trade secrets, food labeling, non-disclosure agreements, the right to privacy, dignity, the right to be forgotten, public security, blasphemy and perjury.

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