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Freedom of speech

Freedom of speech is the concept of the inherent human right to voice one's
opinion publicly without fear of censorship or punishment. "Speech" is not
limited to public speaking and is generally taken to include other forms of
expression. The right is preserved in the United Nations Universal Declaration of
Human Rights and is granted formal recognition by the laws of most nations.
Nonetheless the degree to which the right is upheld in practice varies greatly
from one nation to another. In many nations, particularly those with relatively
authoritarian forms of government, overt government censorship is enforced.
Censorship has also been claimed to occur in other forms (see propaganda
model) and there are different approaches to issues such as hate
speech, obscenity, and defamation laws even in countries seen as liberal
democracies.

INTERNATIONAL LAW:
The United Nations Universal Declaration of Human Rights, adopted in 1948,
provides, in Article 19, that:
Everyone has the right to freedom of opinion and expression; this right
includes freedom to hold opinions without interference and to seek, receive and
impart information and ideas through any media and regardless of frontiers.
Technically, as a resolution of the United Nations General Assembly rather than
a treaty, it is not legally binding in its entirety on members of the UN.
Furthermore, whilst some of its provisions are considered to form part
of customary international law, there is dispute as to which. Freedom of speech
is granted unambiguous protection in international law by the International
Covenant on Civil and Political Rights which is binding on around 150 nations.
In adopting the United Nations Universal Declaration of Human Rights, Ireland,
Italy, Luxembourg, Monaco, Australia and the Netherlands insisted on
reservations to Article 19 insofar as it might be held to affect their systems of
regulating and licensing broadcasting.

INDIA:
The Indian Constitution guarantees freedom of speech to every citizen and there
have been landmark cases in the Indian Supreme Court that have affirmed the
nation's policy of allowing free press and freedom of expression to every
citizen. In India, citizens are free to criticize politics, politicians, bureaucracy
and policies. The freedoms are comparable to those in the United States and
Western European democracies. Article 19 of the Indian constitution states that:
All citizens shall have the right
1. To freedom of speech and expression;
2. To assemble peaceably and without arms;
3. To form associations or unions;
4. To move freely throughout the territory of India;
5. To reside and settle in any part of the territory of India; and
6. To practise any profession, or to carry on any occupation, trade or
business.
These rights are limited so as not to affect:
The integrity of India
The security of the State
Friendly relations with foreign States
Public order
Decency or morality
Contempt of court
Defamation or incitement to an offence
Freedom of speech is restricted by the National Security Act of 1980 and in
the past, by the Prevention of Terrorism Ordinance (POTO) of 2001,
the Terrorist and Disruptive Activities (Prevention) Act (TADA) from 1985
to 1995, and similar measures. Freedom of speech is also restricted by
Section 124A of the Indian Penal Code, 1860 which deals with sedition and
makes any speech or expression which brings contempt towards government
punishable by imprisonment extending from three years to life. In 1962 the
Supreme Court of India held this section to be constitutionally valid in the
case Kedar Nath Singh vs State of Bihar.

JAPAN:
Freedom of speech is guaranteed by Chapter III, Article 21 of the Japanese
constitution. There are few exemptions to this right and a very broad spectrum
of opinion is tolerated by the media and authorities.
Article 21:
Freedom of assembly and association as well as speech, press and all other
forms of expression are guaranteed.
No censorship shall be maintained, nor shall the secrecy of any means of
communication be violated.

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