Freedom of the Press/Most countries
Is this right protected in the Constitutions of most countries today?
Freedom of the press, and the extent to which it is present, varies widely around the globe. Reporters without Borders is an international non-profit and NGO that maintains a yearly Press Freedom Index that gives some clues on where on the globe freedom of the press is most and least prevalent. This index is the largest of its kind and is frequently used to gauge levels of press freedoms across different countries. The index is based on multiple indicators, including a country’s Constitutional protections, legal precedents, treatment of journalists, and media landscape. The official definition of press freedom used by RWB is “Press freedom is defined as the ability of journalists as individuals and collectives to select, produce, and disseminate news in the public interest independent of political, economic, legal, and social interference and in the absence of threats to their physical and mental safety.” (Reporters without Borders). Europe and the European Union maintain the best freedom of the press found worldwide according to RWB. Norway has topped the Press Freedom Index for the past 2 years for a few reasons. Article 100 of Norway’s constitution allows freedom of expression in Norway (Constitution of the Kingdom of Norway). This was updated in 2006 from the old language which stated, “There shall be freedom of print” to “there shall be freedom of expression” (Rolland, 2010). 200 years ago, when Norway was drafting their Constitution, freedom of the press was essentially freedom of the print, as that was the chief media technology in 1814 (Rolland, 2010). This means that when the technology of the press evolved, they didn’t have the same constitutional protections. This modernization of Norway’s constitution ensures that all forms of the press are protected by Norway’s constitution (Rolland, 2010). The other reasons Norway ranks highly is due to their strong media market with both public and private outlets, and Norway’s leaders safeguarding press freedoms.
The other countries highly rated in the Press Freedom Index include Denmark, Sweden, Netherlands, Finland, Estonia, Portugal, Ireland, Switzerland and Germany. The non-European countries that are highly rated include Canada, New Zealand, Timor-Leste, Samoa, and Jamaica. To give some examples, Denmark’s constitution states “Any person shall be entitled to publish his thoughts in printing, in writing, and in speech, provided that he may be held answerable in a court of justice. Censorship and other preventative measures shall never again be introduced.” (The Constitutional Act of Denmark §77). Sweden’s constitution contains The Freedom of the Press Act, which states “Freedom of the press means the freedom for everyone to express their thoughts, opinions and sentiments in print, and to publish official documents and in general communicate information on any subject whatsoever” (The Freedom of the Press Act (1949:105)). The Freedom of the Press Act was originally passed in 1766, making it the world’s first law protecting freedom of the press (Weibull, 2014). It was created after decades of censorship by Swedish monarchs and has been amended in 1810 and 1812 to abolish censorship of academic and theological publications and to affirm the principles of editorial responsibility. (Weibull, 2014). The Canadian constitution contains the Canadian Charter of Rights and Freedoms, which allows for “freedom of the press and other media of communication” (Canadian Charter of Rights and Freedoms).
Countries that have high levels of press freedom have many features in common that make them secure for journalists. The Press Freedom Index analyzes five contextual indicators that are used to gauge press freedom. First off, countries with high levels of press freedom have a solid legal framework protecting freedom of the press. This includes constitutions, as well as the ability of the press to access information without discrimination. The next category is political context, which is a states current level of acceptance of journalism, a states support of journalism, and the role of the press in keeping accountability in government. To use Norway as an example, Norwegian politicians are supportive of the country’s media landscape, rather than the United States, where many politicians call the media into doubt. Economic context is also considered, which is mainly the economic constraints a state may place on the press. Sociocultural contexts can impede the press’s ability to report information on issues like gender and religion. Lastly, the safety of the press is questioned. This includes safety from physical harm, psychological harm, and professional harm (such as a journalist having their equipment confiscated). This gives an idea about what freedom of the press looks like in the countries that do their best to uphold it. Journalists are protected by the law and can investigate and scrutinize the state. The politicians in charge of the country uphold press freedom and do not interfere unjustly. The state doesn’t impose unjust economic constraints on media outlets, and journalists are safe in their line of work.
This brings me to the original question, “Is [freedom of the press] protected in the constitutions of most countries today?”. I must answer that yes, it is technically protected in the constitutions of most countries today. With the exception of Eritrea and Afghanistan, which both don’t have a constitution in effect, every other country ranked lowest in the Press Freedom Index had freedom of expression/press given to the citizens in their constitution. The countries ranked highest in the Press Freedom Index have freedom of expression/press given to the citizens in their constitution or supporting constitutional documents, like the U.S. Bill of Rights and Canadian Charter of Rights and Freedoms. This leads me to believe that it must be up to a country’s leadership to protect the laws these countries have written. Syria and North Korea both give their citizens freedom of the press and freedom of expression, but the regimes in power there penalize those who try to use that right. This is an interesting paradox that exists in the constitutions of both democratic and autocratic nations.
“Chapter V: Fundamental Rights and Duties of Citizens,” Socialist Constitution of the Democratic Peoples Republic of Korea, 2019. https://heinonline-org.proxy.lib.miamioh.edu/HOL/Page?handle=hein.cow/zzkp0009&collection=cow
Justice Laws Website. “Canadian Charter of Rights and Freedoms.” Canada, 1982. https://laws-lois.justice.gc.ca/eng/const/page-12.html.
National Archives. “The Bill of Rights: A Transcription,” November 4, 2015. https://www.archives.gov/founding-docs/bill-of-rights-transcript.
“Part 1: Rights and Freedoms.” English Translation of the Syrian Constitution Modifications, 2012. https://heinonline-org.proxy.lib.miamioh.edu/HOL/Page?handle=hein.cow/zzsy0011&collection=cow
Reporters without Borders. “Press Freedom Index,” 2024. https://rsf.org/en/index.
Reporters without Borders. “Methodology used for compiling the World Press Freedom Index 2024,” 2024 https://rsf.org/en/methodology-used-compiling-world-press-freedom-index-2024?year=2024&data_type=general
Rolland, Asle. “Modernising Freedom of Speech: The Case of Article 100 of the Norwegian Constitution.” Policy Studies 31, no. 3 (May 2010): 331–50. https://doi.org/10.1080/01442871003616008.
“Section E: Human Rights,” Constitution of the Kingdom of Norway, 2023. https://heinonline-org.proxy.lib.miamioh.edu/HOL/Page?handle=hein.cow/zzno0102&collection=cow
“The Constitution,” April 3, 2023. https://www.riksdagen.se/en/how-the-riksdag-works/democracy/the-constitution/.
The Danish Parliament. “The Constitutional Act,” February 19, 2024. https://www.thedanishparliament.dk/en/democracy/the-constitutional-act.
United States Department of State. “2023 Country Reports on Human Rights Practices.” https://www.state.gov/reports/2023-country-reports-on-human-rights-practices/.
Weibull, Lennart. “Freedom of the Press Act of 1766.” Britannica, 2014. https://www.britannica.com/topic/Freedom-of-the-Press-Act-of-1766.