Page 82 - 4188

80
Mass media

Text 1

THE FREEDOM OF EXPRESSION AND INFORMATION
17
By Siosiua Po'oi Pohiva
Freedom of expression is the cornerstone of any democratic
society. It is a basic human right to be enjoyed by all peoples, regardless
of cultural, religious, ethnic, political formation or other backgrounds.
Freedom of expression, pluralism and independence of the media,

development of community newspapers and radio stations are crucial to
the re-establishment of social bonds and to the reconciliation process.
Freedom of expression is often regarded as an integral concept in

modern liberal democracies where it is understood to outlaw censorship.
Free speech is also protected by international human rights, notably
under Article 19 of the Universal Declaration of Human Rights,
although implementation remains lacking in many countries.

The right to freedom of expression is not considered unlimited;
governments may still prohibit certain damaging types of expressions.

According to international law, restrictions of free speech are required to
comport with a strict three part test: they must be provided by law;
pursue an aim recognised as legitimate; and they must be necessary (i.e.
proportionate) for the accomplishment of that aim. Amongst the aims

considered legitimate are protection of the rights of others (prevention of
defamation), the protection of national security and public order, health
and morals.

There are several theories with regards to freedom of expression.
One observation is that people may be hesitant to speak freely not
because of fear of government retribution but because of social
pressures. When an individual announces and unpopular opinion, he or

she may face the disdain of their community or even be subjected to
violent reactions. While this type of suppression is even more difficult to
prevent than suppression, there are questions whether it falls within the

ambit of freedom of speech, which is typically regarded as a civil
liberty, or freedom from government action.

17
Siosiua Po'oi Pohiva The Freedom of Expression and Information / Po'oi Pohiva
Siosiua. – Available at : http://www.humanrightsinitiative.org/cwhra/chrf/foe_&_info.pdf