A freedom of expression it is an essential principle that underpins democracy and promotes social progress. Throughout history, philosophers, journalists, activists and human rights defenders have debated this fundamental right. From the ancient Greek philosophers to the struggles over Internet regulations in the 21st century, freedom of expression has been the subject of discussion and protection around the world.
In this context, it is understood as the right to express opinions, ideas and thoughts without censorship or governmental or private interference. It provides the basis for the free exchange of information, public debate and diversity of perspectives. However, freedom of expression is not an absolute right and faces challenges and limits in different contexts, such as issues of incitement to hatred, hate speech and disinformation.
In addition, the digital age has brought with it new challenges, such as the accountability of online platforms and the protection of privacy. In the face of these complexities, it is critical to find a balance between freedom of expression and other rights, ensuring an inclusive and safe environment for the exercise of freedoms.
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Topics of this article
- 1 - Summary on freedom of expression
- 2 - What is freedom of expression?
- 3 - Freedom of expression in the Constitution
- 4 - Limits of freedom of expression
- 5 - History of freedom of expression
- 6 - Freedom of expression in Brazil
- 7 - Freedom of expression x freedom of the press
- 8 - Freedom of expression in politics
- 9 - Freedom of expression on the internet
- 10 - Freedom of expression and the digital right
Summary on freedom of expression
- Freedom of expression is a fundamental right that underpins democracy and promotes social progress.
- Throughout history, philosophers and other human rights intellectuals have debated it.
- The history of Brazil presents many setbacks and advances regarding freedom of expression.
- The main advance in this direction in the country was the enactment of the Federal Constitution of 1988.
- Freedom of expression is not absolute and faces limits, such as issues of incitement to hatred and misinformation.
- The digital era has brought additional challenges to the topic, such as the responsibility of online platforms and the protection of privacy.
What is freedom of expression?
freedom of expression it is the fundamental right, in democratic societies, that allows the expression of opinions, ideas and beliefs without censorship or repression. Freedom of expression also includes the right to seek, receive and share information and ideas through writing, speech, the press, art or any other source of communication.
The right to freedom of expression is one of the fundamental principles of a democratic and open society. It allows for the debate of opinions, ideas and the search for truth through the confrontation of different points of view. However, freedom of expression also creates a dilemma when it comes to dealing with hate speech, intolerance and the propagation of ideologies that aim to destroy democratic society itself.
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Freedom of Expression in the Constitution
In the Brazilian context, freedom of expression is guaranteed in the Federal Constitution of 1988. It is presented as a right that guarantees all citizens the free exercise of expression of thought.|1| The most relevant points on the subject can be found in articles 5 and 220 of the document enacted in 1988.
O article 5 of the Federal Constitution of 1988 establishes that the expression of thought through intellectual, artistic, scientific and communication activities is free, regardless of censorship or license. Author anonymity is prohibited. While freedom of expression is guaranteed, this right is not absolute. The same article determines that freedom of expression is limited when the privacy, honor, privacy and image of other people are violated. Therefore, in cases such as slander, defamation and injury, the right to compensation for material or moral damage resulting from the abuse of freedom of expression is assured.
O Article 220 of the Federal Constitution of 1988, which deals with the media, also establishes that any political, ideological and artistic censorship of the media is forbidden. Entertainment and public shows are free, as long as their presentation respects the recommendations for age group, place and time. Commercial advertising of products that are harmful to health and the environment — tobacco, alcoholic beverages, pesticides, medications and therapies — is also subject to tighter restrictions, as is reporting to children.
It is important to emphasize that, although the Brazilian Constitution guarantees freedom of expression, the interpretation and application of its articles may vary over time in response to changes in society. Faced with the impact of information technologies, Brazilian legislation is constantly changing to face new challenges presented, mainly by the dissemination in social networks of hate speech, online harassment, misinformation and news false.
Limits of freedom of expression
Freedom of speech is not the same as freedom of aggression. The limits of freedom of expression are determined by principles such as respect for human dignity human rights, non-incitement to violence, non-defamation, respect for privacy, honor and image of people.
The restrictions aim to reconcile freedom of expression with other equally important rights, avoiding the spread of hate speech, slander, falsehood, defamation and insults. In recent history, we find many facts that have generated debate around the limits of freedom of expression, especially associated with internet platforms.
A tragic example of the abuse of freedom of expression to spread hatred and incite violence was the terrorist attack in Christchurch, New Zealand, in March 2019. The perpetrator, a 29-year-old Australian man, broadcast live on Facebook the massacre at two mosques, in which 51 people were murdered.
The problem increased because of the posture of the administrators of the social networks, who took time to remove the videos of the shooting, which were shared by other users, inciting violence against muslims. The perpetrator of the massacre, who defended supremacist ideologies on online forums, was sentenced to life in prison without parole — the first conviction of its kind in New Zealand history.
Some terrorist groups, such as Al-Qaeda and Isis (Islamic State), use the internet and social networks to recruit members, disseminate propaganda and incite violence against certain Western countries, their citizens and journalists. Stimulated by this culture of violence, two French brothers carried out the attack on the newspaper charlie hebdo, on January 7, 2015, resulting in dozens of deaths and injuries. Journalists became targets after publishing satires in that newspaper in which the prophet and religious leader of Islam, Mohammed, appeared naked and in sexual scenes.
The two cases reported, in France and New Zealand, reveal the importance of monitoring and limiting the freedom of those who wish to express hatred against minorities on the internet. Furthermore, freedom of expression it can also be suspended when it is considered a threat to national security and the public interest.
In this sense, the case of the Australian journalist Julian Assange, leader of the WikiLeaks journalist platform, which has been, since 2019, in a maximum security prison in England, accused by the US government of violating US anti-espionage legislation. Assange and WikiLeaks leaked, in 2010, thousands of secret documents containing assassinations and countless sensitive information regarding US foreign policy actions.
These are some emblematic examples of how the use of freedom of expression can be limited. Human dignity and non-incitement to violence are principles that must be observed by anyone who wants to express their opinions.
History of freedom of expression
The History of Freedom of Expression goes back to Greek philosophers centuries ago, who advocated the importance of open dialogue and diversity of opinion in the search for truth. Socrates (469 a. C.- 399 a. W.) It is a paradigm in that sense. Considered one of the founders of Western philosophy, he was an influential thinker who valued open dialogue and the pursuit of truth.
Socrates believed that freedom of expression was essential to the pursuit of knowledge and the formation of a virtuous society. He used the maieutic method to challenge established opinions, asking questions and stimulating debate among his interlocutors. However, his ideas, considered subversive, and his constant questioning of traditional beliefs made him unpopular. among the Athenian authorities, leading him to be condemned to death on the charge of corrupting the youth and disrespecting the gods.
During the Middle Ages, the Inquisition was created by the Roman Catholic Church and was composed of courts that judged those considered a threat to the doctrines of the institution. People considered suspicious because of their thoughts were persecuted, judged, and those convicted served the sentences, which they could be temporary, life imprisonment, torture or death at the stake (the convicts were burned in public to serve as an example to the others).
Within medieval universities, many intellectuals were persecuted and censored., especially those who defended the idea that happiness could be achieved through human development, reason and the pursuit of ethical virtues, without depending exclusively on divine intervention.
The notion that happiness and virtue could be achieved through the exercise of reason, the pursuit of knowledge and practice of ethical virtues challenged the theocentric vision of the time, which placed salvation and happiness exclusively in the sphere of religion. These intellectuals believed that human beings had the power to shape their own lives and pursue personal fulfillment, regardless of divine intervention.
However, it was only in the eighteenth century, with the advent of the Enlightenment, that freedom of expression began to be recognized as an inalienable right. The Declaration of the Rights of Man and Citizen of 1789, in France, and the First Amendment of the Constitution of the United States, in 1791, were important milestones in this achievement. Liberal philosopher John Stuart Mill, in the 19th century, enthusiastically defended free speech. In his opinion, this freedom would be the only way to ensure the discovery of the vitality of the truth.
Freedom of expression in Brazil
Regarding freedom of expression, Brazil has a history full of setbacks and advances. The circulation of thought and ideas printed in books was subject to censorship in the colony.. In 1749, a law prohibited the granting of licenses to print or circulate books related to the materialism, Spinozism and any other idea that was contrary to the truths defended by theology of the Church.
In Brazil, freedom of expression was also limited in the imperial and republican periods. During the imperial period, it was limited by the Regulation for the Exercise of Freedom of the Press, enacted in 1824, which instituted prior censorship in newspapers. With the proclamation of the republic, in 1889, a greater democratic opening was expected, but restrictions on the press still persisted, mainly during the First Republic (1889-1930), in which the State sought to control freedom of expression and repress opposition policies.
After 1930, political periods and social transformations directly influenced freedom of expression. During the Estado Novo Dictatorship (1937-1945) and the Civil-Military Dictatorship (1964-1985), freedom of expression was seriously censored, with emphasis on military governments.
They subjected the press to prior censorship and self-censorship, with the imposition of editorial guidelines and constant government surveillance. Journalists, writers and intellectuals critical of the regime were harassed, arrested, tortured and, in some cases, murdered. Repression also extended to cultural manifestations, with music, films and theater plays being censored or banned.
With the redemocratization of the country and the enactment of the Federal Constitution of 1988, there was an important advance. The Constitution guarantees freedom of expression of thought, prohibiting prior censorship and establishing that responsibility for abuses committed in the exercise of freedom of expression comes after the manifestation.
Despite advances, freedom of expression in Brazil still faces challenges in practice. There are threats to freedom of the press, with attacks and murders of journalists and restrictions on media activities. Furthermore, the spread of fake news and hate speech on social media raises questions about the limits and accountability of freedom of expression.
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Freedom of expression vs freedom of the press
It is important to distinguish freedom of expression from freedom of the press. While freedom of expression applies to all individuals, regardless of occupation, the freedom of the press specifically refers to the rights and responsibilities of media professionals. media. Both are fundamental for democracy, allowing the dissemination of information and the supervision of public authorities.
In some countries, however, Authoritarian governments have taken measures to curtail press freedom, for example: abusive lawsuits; threats of cuts in public funds for media outlets critical of the government; and promotion of narratives that delegitimize journalistic work. In the most tragic cases, journalists and activists critical of governments can be murdered.
Saudi Arabia is a country known for imposing significant restrictions on freedom of expression, especially when it comes to criticism of the government or political system. In 2018, Saudi journalist Jamal Khashoggi, critical of his country's government, disappeared after entering the Saudi consulate in Istanbul. He was captured and assassinated in an operation approved by the Crown Prince of Saudi Arabia, Mohammed Bin Salman, as he considered him a threat to his government.
The use of violence to silence dissidents is also common in Iran, which has reinforced its position among the world's most repressive countries in terms of press freedom. Since the beginning of the protests over the death of student Jina Mahsa Amini, on September 16, 2022, after being arrested by the morality police for wearing clothes that had been considered inadequate, more than 70 journalists — including a high number of women — have been arrested, as the regime uses all resources to prevent coverage of journalists. protests.
Brazil is also on that uncomfortable list. On June 5, 2022, indigenist Bruno Pereira and journalist Dom Phillips were killed in an ambush on the Itacoaí River, in the municipality of Atalaia do Norte, located in the Amazon. Ten days later, their bodies were found dismembered, burned and hidden in the forest. The murder of journalists and activists is the most brutal manifestation of censorship and press freedom.
Freedom of expression in politics
In the political context, freedom of expression makes possible the involvement of citizens in public debate, critical thinking and opinions different from those issued by the government. An important contribution on the place of freedom of expression in politics is the book The open society and its enemies, published in 1945, by the philosopher Karl Popper (1902-1994).
In that book, Popper argues that if a society becomes overly tolerant and allows intolerant and anti-democratic practices spread freely, this could jeopardize the very freedom and tolerance that sustain the open society.
Popper insists that if all ideas and perspectives, however intolerant, are equally tolerated and permitted, then the society can become vulnerable to authoritarian and anti-democratic movements, which seek to suppress freedom of expression and impose their own totalitarian visions, as happened with Nazism, Fascism, Francoism, Stalinism and Salazarism in the 20th century past.
For Popper, the defense of freedom of expression does not mean tolerating any type of speech on the grounds that, in a democracy, everything is permitted. He argues that, in order to maintain an open and democratic society, it is necessary to set limits to tolerance and be intolerant of those who promote hate speech, prejudice, intolerance and subversion of democracy itself. In this sense, politicians considered “anti-system” who encourage coups d'état and discredit the electoral system without evidence would be enemies of democracy and should be restricted.
Freedom of Expression on the Internet
Freedom of expression on the Internet refers to the right of individuals to express their opinions, ideas and thoughts freely through the global network. However, internet access is still unequal in many parts of the world, and online freedom faces challenges.
Some populations face government restrictions. For example, in China, the government has implemented a censorship system known as the Great Firewall, limiting the access to foreign sites as well as freedom of expression online for people critical of the ruling party. power.
Other countries have adopted the practice of mass surveillance through the internet. In 2013, former intelligence analyst Edward Snowden revealed details about how the US National Security Agency (NSA) carried out mass surveillance. The US government, without the need for a court order, collected telephone conversations and private data from people around the world. The government had the help of large technology companies, such as Google, Meta, Microsoft and Apple, which provided direct access to their servers. The case generated a wide debate about the privacy and security of user data.
The biggest challenge is finding a healthy balance between freedom of expression and the guarantee of other fundamental rights., such as dignity, security and privacy. Otherwise, we will still be far from an inclusive and democratic digital environment.
Freedom of expression and the digital right
Digital law is a branch of law that covers legal issues related to the use of digital technology and the internet.. It aims to regulate and protect the rights and responsibilities of individuals, companies and governments in the digital environment.
It is a branch confronted by many challenges related to freedom of expression. The global nature of the internet is one of them. Content may be published in one country but accessed in another, making it difficult to define which legislation should be followed and how to ensure the protection of rights related to freedom of expression expression.
Another pressing challenge facing digital law is platform accountability. They usually claim that the responsibility for the content always lies with the user of social networks. Therefore, it is up to digital law to define the limits between responsible moderation and excessive censorship of content. That done, big technology companies should promote a safe digital environment free of illegal content, hate speech and misinformation.
The privacy and protection of individual data also pose challenges to digital law. In 2011, Brazilian actress Carolina Dieckmann had her privacy violated after a group of hackers invade your personal computer and share, without authorization, intimate images of the actress on the networks social. She was still the target of extortion. At that time, there was no specific legislation to penalize criminals. In the year following the incident, Law 12,737/2012, nicknamed the Carolina Dieckmann Law, was enacted, the first in Brazil to provide for computer crimes.
Another case that highlighted the importance of privacy and data protection for users of online platforms was the scandal involving the company Cambridge Analytica. In 2018, the digital marketing company was accused of using personal data of millions of Facebook users for political purposes. This company's database was misused to uncover voter interests, tastes and preferences and influence the outcome of the Brexit referendum in England.
With this in mind, the digital law challenges related to freedom of expression are complex and constantly evolving. Internet globalization, state censorship, platform liability, the spread of misinformation and hate speech, and the protection of privacy and personal data are just some of the issues that require attention. Finding a balance between protecting legitimate freedom of expression and combating abuse is critical to ensuring an inclusive, safe and respectful digital environment.
Note
|1| BRAZIL. Constitution of the Federative Republic of Brazil of 1988. Brasília, DF: President of the Republic, 2016. Available in: https://www2.senado.leg.br/bdsf/bitstream/handle/id/518231/CF88_Livro_EC91_2016.pdf.
image credit
[1] Lucinda Douglas-Menzies / Wikimedia Commons (reproduction)
By Rafael Mendes
Professor of Sociology
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