Free Speech

Being able to freely express our opinions and beliefs is fundamental to open and democratic debate. Respect for such views, even where we disagree with them, is an attribute of the mature and enlightened and, hopefully, increases mutual understanding. In the UK such articulation is something that we tend to take for granted. We can generally freely express ourselves safe in the knowledge that we will not be arrested, imprisoned, tortured, unfairly tried or murdered by state authorities and that the state is obliged to protect us from this happening at the hands of others. Moreover, such freedom of expression is reinforced by all international human rights treaties dealing with civil and political rights that most countries are parties to.



That is not to say that the right to freedom of expression is untrammelled. We may, for example, personally choose to self-censure out of respect and concern for others. International treaties also recognise that occasionally restraint may be required provided this is achieved legitimately by law, in a proportionate manner and only in very limited circumstances. These limited circumstances include the interests of national security, territorial integrity, public safety, the prevention of disorder or crime, the protection of the health and morals of others and respect for the reputation and rights of others. Of course, the right to freedom of religion is one of these other rights but, again, this can be similarly limited. A careful and often emotive balancing act must therefore take place.

However, it is important to emphasise that it is the state, encompassing democratically elected law and policy makers and an independent judiciary, who must determine the extent of such restraint which, we trust, is in a manner that is fair and respects the rights of all. This is not in the gift of others. We may feel hurt, angry, and offended by certain words, images and writings. Where these ridicule or attack our religious or other deeply held beliefs this can be particularly painful. This does not, however, place us above the law and justify killing and maiming of those who hold different opinions and/or the directing of partial or full blame onto these victims for such actions.

What happened in Paris in January was undeniably atrocious. Many of us undoubtedly have remembered in our prayers with very great sympathy those who died, those mourning their deaths and the people of France generally. Freedom of expression, like the British (perhaps even more so), is part of the very fabric of their society and is entrenched in their constitution, the Déclaration des droits de l'homme et du citoyen. At the same time, we must pray that those responsible will be guided away from their desire to harm and towards respect for others. Showing solidarity and refusing to bow in the face of despicable attempts to terrorise citizens and governments is a sign of strength and respect for humankind. Let us, however, equally also hope and pray that responses to such cruelties will be just and tolerant and not misjudge or misrepresent those who wish no harm. Ironically, at such times it is unfortunately all too easy to search for and then abuse the right to freedom of expression to vilify scapegoats.

Jill Stavert