Right to Freedom of Expression: A Hoax !

The idea of Freedom of Expression is not a novel idea for the masses. Starting from what we say in our personal circles to the publishing of this magazine, the expression and rights related  to the freedom of it comes into operation. To know the basics, freedom of expression is a right given. It exists prior to the formulation of expression and remains intact after expressed too. Which means before even the expression is born and it is just an idea in one’s head. It has protection of rights and later when it is expressed by any means, in any way of expression, they are protected then too.

The question arises, how much of these rights are available to the citizens of Islamic Republic of Pakistan? Or is it just a hoax!? Do we really have any such rights, can they be claimed? How can they be claimed and how much of its execution is allowed? Or is it just a mere fancy phrase to keep everyone in a fool's paradise?..

The answer is in our Constitution of Pakistan, 1973. Under the provisions of Article 19, the citizens of Pakistan are given all the rights to Freedom of Expression. The article states that “Every citizen shall have the right to freedom of speech and expression..”. If looked into commentary, the definition  of freedom of speech and expression vividly suggests all the ideas and opinions of an individual, given the due importance to it’s expression without repression.

This article (19) talks about three kinds of freedoms. One is freedom of expression as we discussed, second is freedom of speech and third is freedom of press. This means, the citizens of Pakistan are free to not just express through whatever means they find but also have rights to say what they want through the mode of speech. Along with  the third right of press which gives freedom to communicate with masses on mass level through press. Be it printed or online press. Whatever one writes or expresses and shares it with the masses is their constitutional right.

It is important to know that the freedom of expression and related rights are not absolute. The right to freedom of opinion for instance is the right to hold, have and express the individual opinions without interference from state, state forces or public offices. It cannot be subject to any exception or restriction, but it is important to know that this right is not absolute. It carries with it proper extensions and specific responsibilities, which are special duties. And this right may be restricted on several lawful grounds.

With every general rule and principle of law, there is always an exception. This right also has few exceptions which makes the use of this right unlawful. The restrictions of this right is “time, place, manner". The limitations imposed on the general right to freedom of expression constitutes of these three elements. To safeguard the national interest of the country, legitimate governmental interests, and for the sake of internal matters of security of the country and its citizens, such limitations are imposed. 

Freedom of expression has limitations on certain grounds, such as national security, public order, public health, and public morals. When the opinions expressed do not consider the laws and are in contrast with them. When they are a direct threat to matters of national importance, the use is disrupted. For example the blasphemy laws. Anything which comes under the “blasphemy” as per the rule of law of the state will not be tolerated and such expression is not protected by law under this right to freedom of expression. Similarly, if proved, the defamation by slander or libel against any legal person or institution will also be dealt under the penalties of Pakistan Penal Code.

The aim for this information is to make sure every citizen of Pakistan knows what rights they have when it comes to them having an opinion. What ways do they have to make sure they express these opinions through different means and through different ways of expression. When can your right be subjected to restriction, and when it will be a violation of your right if some arrangement tells you otherwise when you use your right to express. Article 19 of Constitution of Pakistan gives you independence to use this right and when read into the details in the commentary, it would help you understand how you can use this right more profoundly.

It is also a moral duty of every citizen to abide by the law while using the rights. And as we know, every right has few duties associated with it. Using every right while abiding by the responsibilities which comes along with it, to make sure the enjoyment of right is legal and whole. One can always whine about how freedom of expression is just a hoax whereas, it is not!