Source/Freedom of the Press

History

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Afghanistan

Article 31 of the 1964 Afghani Constitution states that “every Afghan shall have the right to express thoughts through speech, writing, illustrations as well as other means in accordance with provisions of this constitution” (University of Nebraska, “Constitution of Afghanistan,” 1964). Every Afghan shall have the right, according to provisions of law, to print and publish on subjects without prior submission to state authorities. Directives related to the press, radio and television as well as publications and other mass media shall be regulated by law.” This clause is now located in Article 34 of the 2004 Afghani Constitution (Constitute Project, “Afghanistan’s Constitution of 2004”).

Albania

Article 53 of the 1976 Albanian Constitution states that “citizens enjoy the freedom of speech, the press, organization, association, assembly and public manifestation. The state guarantees the realization of these freedoms, it creates the conditions for them, and makes available the necessary material means” (Andersen, “The Albanian Constitution of 1976).

Today, Part 2, Article 22 of the 1998 Albanian Constitution recognizes freedom of the press, radio, and television as part of its list of “Fundamental Human Rights and Freedoms”. Article 22 also states that “Prior censorship of means of communication is prohibited” (Constitute Project, Albania's Constitution of 1998 with Amendments through 2012”).

Algeria

Article 19 of the 1963 Algerian Constitution states that “the Republic guarantees freedom of the press and of other means of information, freedom of association, freedom of speech and public intervention, and freedom of assembly” (Middle East Journal, 1976).

Today, Article 54 of the Algerian Constitution protects freedom of the press, stating that “freedom of the press, be it written, audiovisual, or on media networks, shall be guaranteed equally for all public and private media outlets. It shall not be restricted by any form of prior censorship” (Constitute Project, “Algeria 2020”).

Andorra

Article 12 of the 1993 Andorran Constitution states that Freedoms of expression, of communication and of information are guaranteed. The law shall regulate the right of reply, the right of correction and professional secrecy” (Constitute Project, “Andorra’s 1993 Constitution”).

Angola

Article 35 of the 1992 Constitution marked Angola’s first explicit legal mention of freedom of the press: “Freedom of the press shall be guaranteed and may not be subject to any censorship, especially political, ideological or artistic. The manner of the exercise of freedom of the press and adequate provisions to prevent and punish any abuse thereof shall be regulated by law” (World Bank, “Constitutional Law of the Republic of Angola 1992”).

Today, Article 44 of the 2010 Angolan Constitution maintains that “freedom of the press shall be guaranteed, and may not be subject to prior censorship, namely of a political, ideological or artistic nature” (Constitute Project, “Angola’s 2010 Constitution”).

Antigua and Barbuda

Schedule 1, Chapter II of Antigua and Barbuda’s Constitution titled “Protection of Fundamental Rights and Freedoms of the Individual” explicitly protects freedom of the press (Political Database of the Americas, “The Antigua and Barbuda Constitutional Order 1981”).

Argentina

Article 32 of the 1853 Argentinian Constitution states that “the Federal Congress shall not enact laws that restrict the freedom of the press or that establish federal jurisdiction over it” (Constitute Project, “Argentina's Constitution of 1853, Reinstated in 1983, with Amendments through 1994”).

Armenia

Article 42 of the 1995 Armenian Constitution protects freedom of the press: “The freedom of the press, radio, television and other means of information shall be guaranteed. The state shall guarantee the activities of an independent public television and radio offering a diversity of informational, educational, cultural, and entertainment programs” (Constitute Project, “Armenia's Constitution of 1995 with Amendments through 2015”).

Australia

Australia has no formal protection of press freedom in its constitution (Australian Human Rights Commission). Australia’s High Court has ruled that an “implied freedom of political communication exists as an indispensable part of the system of representative government created by the Constitution” in Nationwide News Pty Ltd v Wills (1992), Australian Capital Television Pty Ltd v the Commonwealth (1992), and Unions NSW v New South Wales (2013).

Austria

Article 13 of Austria’s 1867 “Basic Law on the General Rights of Nationals in the Kingdoms and Länder represented in the Council of the Realm” states that “Everyone has the right within the limits of the law freely to express his opinion by word of mouth and in writing, print, or pictorial representation. The Press may be neither subjected to censorship nor restricted by the licensing System. Administrative postal distribution vetoes do not apply to inland publication” (Basic Law of 21 December 1867).

Azerbaijan

Article 50 of the Azerbaijani Constitution of 1995 states “The freedom of mass media is guaranteed. State censorship of mass media, including print media, is forbidden” (Constitute Project, “Azerbaijan's Constitution of 1995 with Amendments through 2016”).

The Bahamas

Article 23 of the 1973 Bahamian Constitution states that:

“Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provision which is reasonably required for the purposes of protecting the rights, reputations and freedoms of other persons, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, or regulating telephony, telegraphy, posts, wireless broadcasting, television, public exhibitions or public entertainment” (Constitute Project, “Bahamas (The)'s Constitution of 1973”).

Bahrain

Article 24 of the 2002 Bahraini Constitution states that “with due regard for the provisions of the preceding Article, the freedom of the press, printing and publishing is guaranteed under the rules and conditions laid down by law” (Constitute Project, “Bahrain's Constitution of 2002 with Amendments through 2017”).

Bangladesh

Bangladesh’s 1972 Constitution states that “the right of every citizen of freedom of speech and expression; and freedom of the press are guaranteed” (Constitute Project, “Bangladesh's Constitution of 1972, Reinstated in 1986, with Amendments through 2014”).

Barbados

Barbados’s 1966 Constitution does not explicitly protect freedom of the press, but includes freedom to “receive” and “communicate ideas and information without interference” in its protection of freedom of expression (Political Database of the Americas, “Constitution of 1966”).

Belarus

Belarus’s 1994 Constitution states that “No monopolization of the mass media by the State, public associations or individual citizens and no censorship shall be permitted” (Constitute Project, “Belarus's Constitution of 1994 with Amendments through 2004”).

Belgium

Article 25 of the 1831 Belgium Constitution states that “The press is free; censorship can never be introduced; no security can be demanded from authors, publishers or printers. When the author is known and resident in Belgium, neither the publisher, the printer nor the distributor can be prosecuted” (Constitute Project, “Belgium's Constitution of 1831 with Amendments through 2014”).

Belize

Belize’s 1981 Constitution states that “nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes reasonable provision… that is required for the purpose of… maintaining the authority and independence of the courts or regulating the administration or the technical operation of telephone, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments” (Constitute Project, “Belize's Constitution of 1981 with Amendments through 2011”).

Benin

Benin protects freedom of the press under Article 24 of its 1990 Constitution: “Freedom of the press shall be recognized and guaranteed by the State. It shall be protected by the High Authority of Audio-Visuals and Communications under the conditions fixed by an organic law” (Constitute Project, “Benin's Constitution of 1990”).

Bhutan

Article 7, Section 5 of Bhutan’s 2008 Constitution protects freedom of the press: “There shall be freedom of the press, radio and television and other forms of dissemination of information, including electronic” (Constitute Project, “Bhutan's Constitution of 2008”).

Bolivia

Protection of press freedom is located in Article 106, Section III of the 2009 Bolivian Constitution: “The State guarantees freedom of expression and the right to communication and information to workers of the press” (Constitute Project, “Bolivia (Plurinational State of)'s Constitution of 2009”).

Bosnia and Herzegovina

Bosnia and Herzegovina’s Constitution does not formally protect freedom of the press. However, Article 4 of the 2002 Law on Communications recognizes freedom of expression across broadcasting and telecommunications (Office of the High Representative, “Law on Communications of Bosnia and Herzegovina”).

Botswana

Chapter II, Section 12, subsection 2 of the 1966 Botswana Constitution states that “Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision…regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless, broadcasting or television” (Constitute Project, “Botswana's Constitution of 1966 with Amendments through 2005”).

Brazil

Article 179, Section IV of Brazil’s 1824 Constitution originally protected press freedom: “Everyone can communicate their thoughts, in words, in writing, and publish them in the Press, without dependence on censorship; as long as they will have to answer for the abuses that commit in the exercise of this Right, in the cases, and for the form, that the Law determines” (Political Database of the Americas, “1824 Constitution”).

Today, press freedom is protected under Chapter I, Article 5 of the 1988 Constitution: “expression of intellectual, artistic, scientific, and communication activity is free, independent of any censorship or license” (Constitute Project, “Brazil's Constitution of 1988 with Amendments through 2017”).

Brunei

The Brunei Constitution contains no protections for freedom of the press and grants the government powers for “censorship, the control and suppression of publications, writings, maps, plans, photographs, communications and means of communication” in states of emergency” (Constitute Project, “Brunei Darussalam's Constitution of 1959 with Amendments through 2006”).

Bulgaria

The first mention of freedom of the press appeared in Article VIII of the 1879 Tarnovo Constitution: “The press is free. No censorship is allowed, and no pledge is required of writers, publishers and printers” (Durzhavna Petchatnitsa, 1906). [Translated from Bulgarian]

Today, press freedom is protected under Article 40 of the 1991 Constitution: “The press and the other mass information media shall be free and shall not be subjected to censorship” (Constitute Project, “Bulgaria's Constitution of 1991 with Amendments through 2007”).

Burkina Faso

Article 8 of Burkina Faso’s 1991 Constitution protects freedom of the press: “The freedoms of opinion, of the press and the right to information are guaranteed” (Constitute Project, “Burkina Faso's Constitution of 1991 with Amendments through 2012”).

Burundi

Article 28 of Burundi’s 1981 Constitution protected press freedom: “Everyone has the right to freedom of opinion and expression in accordance with the public and the law. Freedom of press is recognized and guaranteed by the State” (Constitution of Burundi).

Title XII, Article 284 of Burundi’s 2005 Constitution protects freedom of the press through the National Council of Communication: “The National Council of Communication has, to the effect, a power of decision notably in the matter of the respect for and the promotion of the freedom of the press and the equitable access of the diverse political, social, economic and cultural opinions to the public media” (Constitute Project, “Burundi's Constitution of 2005”). While this clause does not appear in today’s 2018 Constitution, the National Communication Council is still referenced and maintains similar responsibilities (Constitute Project, “Burundi’s Constitution of 2018).

Cambodia

Cambodia originally protected freedom of the press under Section 2, Article 9 of its 1947 Constitution: “Every Cambodian is free to speak, write, print and publish. He may, either by way of the press or any other means express, spread, defend every opinion so long as he makes no unauthorized use of that right or does not tend to disturb the public order.”

Today, Chapter III, Article 41 of the 1993 Cambodian Constitution protects press freedom: “Khmer citizens shall have freedom of expression of their ideas, freedom of information, freedom of publication and freedom of assembly (Constitute Project, “Cambodia 1993 (rev. 2008)”).

Cameroon

Section 16 of the 1972 Cameroonian Constitution’s Preamble protects press freedom, citing the United Nations’ Universal Declaration of Human Rights: “the freedom of communication, of expression, of the press, of assembly, of association, and of trade unionism, as well as the right to strike shall be guaranteed under the conditions fixed by law” (Constitute Project, “Cameroon's Constitution of 1972 with Amendments through 2008”).

Canada

Freedom of the press is protected under section 2(b) of Canadian Charter on Rights and Freedoms as part of the Constitution Act of 1982: “Everyone has the following fundamental freedoms: • (a) freedom of conscience and religion; • (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; • (c) freedom of peaceful assembly; and • (d) freedom of association.”

(Justice Laws Website, “Constitution Act 1982”).

Cape Verde

Cape Verde protects press freedom under Article 45 of its 1980 Constitution: “Everyone shall have the freedom to inform and to be informed, obtaining, receiving, and giving out information and ideas in any form without limitation, discrimination, or impediment” (Constitute Project, “Cape Verde's Constitution of 1980 with Amendments through 1992”).

Central African Republic

Article 15 of the 2016 Constitution states that “the freedom of the press is recognized and guaranteed. It is exercised within the conditions established by the law” (Constitute Project, “Central African Republic's Constitution of 2016”).

Chad

Chad’s 1959 first protected freedom of the press under Article 5: “the press is free, whatever its mode of expression. The conditions for exercising freedom of the press are determined by law” (Journal Officiel de la Communauté). [Translated from French]

Today, press freedom is protected under Title II, Article 28 of the 2018 Constitution: “The freedoms of opinion and of expression, of communication, of conscience, of religion, of the press, of association, of assembly, of movement, and of demonstration are guaranteed to all” (Constitute Project, Chad's Constitution of 2018).

Chile

Chile originally protected freedom of the press under Article XXIII of its 1812 Provisional Constitutional Regulations: “The press will enjoy legal freedom; and so that it does not degenerate into a license harmful to religion, customs and honor of citizens and country; rules will be prescribed by the Government and Senate” (Biblioteca del Congreso Nacional de Chile). [Translated from Spanish].

Today, Chapter III, Article 19 of Chile’s 1980 Constitution protects press freedom: “Freedom to express opinion and to inform, without prior censorship, in any form and by any medium, without prejudice to responsibility for any crimes or abuses committed in the exercise of these freedoms, in conformity with the law, which must be of qualified quorum. In no case can the law establish [a] state monopoly over the media of social communication” (Constitute Project, “Chile's Constitution of 1980 with Amendments through 2012”).

Chile is currently drafting a new constitution.

China

One of the earliest references to press freedom came about in 1904, when “the newspaper Dongfang Zazhi (The Eastern Miscellany) published a leading article arguing that in a country where people were allowed to express their opinions freely, its citizens were wiser than those who lived in a country where press freedom was not guaranteed.” This article echoed the sentiment of many leading Chinese intellectuals at the time (Guo 89-90, 2020).

Legally, Chapter III, Article 87 of China’s 1954 Constitution first protected freedom of the press. Today, similar language is located in Chapter II, Article 35 of China’s Constitution: “Citizens of the People’s Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration” (The National People’s Congress of the People’s Republic of China, “Constitution”).

Colombia

The first legal reference to press freedom in Colombia arose in Article 16 of Cundinamarca’s Departmental Constitution in 1811: “The Government guarantees to all its citizens the sacred rights of Religion, individual property and freedom, and that of the press, the authors being solely responsible for their productions…” (Bibliotca Virtual Miguel de Cervantes). [Translated from Spanish]

Today, Title II, Article 20 of Colombia’s 1991 Constitution protects press freedom: “Every individual is guaranteed the freedom to express and diffuse his/her thoughts and opinions, to transmit and receive information that is true and impartial, and to establish mass communications media (Constitute Project, “Colombia's Constitution of 1991 with Amendments through 2005”).

Comoros

Press freedom protections first appeared in the Preamble of Comoros’s 1996 Constitution: “Inspired by the United Nations Universal Declaration of Human Rights and the African Charter on Human and Peoples' Rights , it proclaims and guarantees…freedom of thought and opinion, of the press and of publishing, of creation and of literary, artistic and scientific production” (Digithèque MJP, “Constitutional law of October 20, 1996”).

Today, Chapter II, Article 18 of the 2009 Comoros Constitution protects press freedom: “Freedom of information, communication, and the press are guaranteed within the conditions established by law” (Constitute Project, “Comoros's Constitution of 2018”).

Democratic Republic of the Congo

Article 26 of the DRC’s 1964 Constitution first established protections for press freedom: “Freedom of the press is guaranteed to all Congolese” (Digithèque MJP, “Constitution of August 1, 1964”).

Today, Title II, Article 24 of the DRC’s 2005 Constitution protects freedom of the press: “The freedom of the press, the freedom of information and of broadcasting by radio and television, the written press or any other means of communication are guaranteed, under reserve of respect for the law, for public order, for morals and for the rights of others” (Constitute Project, “Congo (Democratic Republic of the)'s Constitution of 2005 with Amendments through 2011”).

Republic of the Congo

Article 25 of Republic of Congo’s 2015 Constitution protects press freedom: “Any citizen has the right to express and to freely diffuse his opinion by words [par la parole], writing, images or by any other means of communication. The freedom of information and communication is guaranteed. It is exercised within respect for the law” (Constitute Project, “Congo (Republic of the)'s Constitution of 2015”).

Costa Rica

Costa Rica originally operated under the Spanish Constitution of 1812, which protected freedom of the press under Article 131: The powers and duties of the Courts are…to protect the political liberty of the press” (Biblioteca Virtual Miguel de Cervantes, “The Political Constitution of the Spanish Monarchy: Promulgated in Cádiz, the nineteenth day of March”).

Today, Title IV, Article 29 of the 1949 Costa Rican Constitution protects freedom of the press: “Every one may communicate their thoughts by words or in writing and publish them without prior censorship; but they will be responsible for the abuses committed in the exercise of this right, in the cases and the mode that the law establishes” (Constitute Project, “Costa Rica's Constitution of 1949 with Amendments through 2011”).

Croatia

As a former part of Yugoslavia, freedom of the press was protected in Croatia under Article 36 of the Yugoslavian Constitution: “Freedom of the press and other forms of public information shall be guaranteed. Citizens shall have the right to express and publish their opinions in the mass media” (National Legislative Bodies, “Constitution of the Federal Republic of Yugoslavia”).

Today, Croatia protects freedom of the press under Article 38 of its 1991 Constitution: “Freedom of expression shall specifically include freedom of the press and other media of communication, freedom of speech and public expression, and free establishment of all institutions of public communication” (Constitute Project, “Croatia's Constitution of 1991 with Amendments through 2010”).

Cuba

Cuba’s 1901 Constitution, its first as an independent nation, protected press freedom under Article 25: “Every person may freely, without censorship, express his thought either by word of mouth or in writing, through the press, or in any other manner whatsoever, subject to the responsibilities specified by law, whenever thereby attacks are made upon the honor of individuals, upon social order, and upon public peace” (George A. Smathers Libraries, “Translation of the proposed constitution for Cuba”).

Today, Article 55 of the 2019 Cuban Constitution protects press freedom: “People's freedom of press is recognized. This right is exercised according to the law and for the good of society. The fundamental means of social communication, in any of their forms, are the socialist property of all people or of political, social, and mass organizations, and may not be categorized as any other type of property. The State establishes the principles of organization and operation for all means of social communication” (Constitute Project, “Cuba's Constitution of 2019”).

Cyprus

Article 19 of Cyprus’s 1960 Constitution protects press freedom: “Every person has the right to freedom of speech and expression in any form. This right includes freedom to hold opinions and receive and impart information and ideas without interference by any public authority and regardless of frontiers” (Constitute Project, “Cyprus's Constitution of 1960 with Amendments through 2013”).

Czech Republic

As a part of Czechoslovakia, freedom of the press was protected by Article 113 of the 1920 Czechoslovakian Constitution: “Freedom of the Press as well as the right to assemble peaceably and without arms and to form associations is guaranteed” (Masarykova Univerzita, “The Constitutional charter of the Czechoslovak Republic”).

Today, Article 17 of the 1992 Czech Constitution protects freedom of the press: “Everyone has the right to express his views in speech, in writing, in the press, in pictures, or in any other form, as well as freely to seek, receive, and disseminate ideas and information irrespective of the frontiers of the state” (Constitute Project, “Czech Republic's Constitution of 1993 with Amendments through 2002”).

Denmark

Section 77 of Denmark’s 1849 Constitutional Act states that “Any person shall be at liberty to publish his ideas in print, in writing, and in speech, subject to his being held responsible in a court of law. Censorship and other preventive measures shall never again be introduced” (Folketinget, “My Constitutional Act”). This clause is still located in Section 77 of the 1959 iteration of the Danish Constitution, which Denmark currently adopts (Constitute Project, “Denmark's Constitution of 1953”).

Djibouti

Djibouti does not formally recognize freedom of the press, but protects the right to “to disseminate freely their opinions by word, pen, and image” under Article 15 of its 1992 Constitution (Constitute Project, “Djibouti's Constitution of 1992 with Amendments through 2010”).

Dominica

Dominica protects the “freedom to receive ideas and information without interference, freedom to communicate ideas and information without interferences” and protects the “technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting or television” under Article 10 of its 1978 Constitution (Constitute Project, “Dominica's Constitution of 1978 with Amendments through 2014”).

Dominican Republic

Article 23 of the Dominican Republic’s 1844 Constitution first protected press freedom: “All Dominicans can freely print and publish their ideas, without prior censorship, subject to the law. The classification of printing crimes corresponds exclusively to the juries” (Mi Pais, “Primera Constitución Dominicana). [Translated from Spanish]

Today, article 49 of the Dominican Republic’s Constitution protects press freedom: “All persons have the right to freely express their thoughts, ideas, and opinions by any medium, without having allowed for prior censorship… All information media have free access to the official and private sources of information of public interest, in accordance with the law. The professional secret and the conscience clause of the journalist are protected by the Constitution and the law” (Constitute Project, “Dominican Republic's Constitution of 2015”).

East Timor

Article 41 of Timor-Leste’s 2002 Constitution protects press freedom: “Freedom of the press and other means of social communication is guaranteed…” (Constitute Project, “Timor-Leste's Constitution of 2002”).

Ecuador

Article 63 of Ecuador’s 1830 Constitution guaranteed that “Every citizen can freely express and publish their thoughts through the press, respecting public decency and morals, and always subjecting themselves to the responsibility of the law” (Wikisource, “Constitution of Ecuador of 1830: Title VIII”).

Today, Article 16 of the 2008 Ecuadorian Constitution protects press freedom: “ “All persons, individually or collectively, have the right to: 1. Free, intercultural, inclusive, diverse and participatory communication in all spheres of social interaction, by any means or form, in their own language and with their own symbols. 2. Universal access to information and communication technologies. 3. The creation of media and access, under equal conditions, to use of radio spectrum frequencies for the management of public, private and community radio and television stations and to free bands for the use of wireless networks 4. Access and use of all forms of visual, auditory, sensory and other communication that make it possible to include persons with disabilities. 5. Become part of participation spaces as provided for by the Constitution in the field of communication.” (Constitute Project, “Ecuador's Constitution of 2008”)

Egypt

Article 15 of Egypt’s 1923 Constitution initially protected freedom of the press: “The press shall be free within the limits of the law. Censorship of newspapers shall be prohibited. Warning, suspension or cancellation of papers via administrative means shall also be prohibited unless necessary for protecting social order” (Constitutionnet, “Royal Decree No. 42 of 1923”).

Today, Article 70 of the 2014 Egyptian Constitution protects press freedom: “Freedom of press and printing, along with paper, visual, audio and digital distribution is guaranteed. Egyptians -- whether natural or legal persons, public or private -- have the right to own and issue newspapers and establish visual, audio and digital media outlets” (Constitute Project, “Egypt's Constitution of 2014”).

El Salvador

Article 175 of El Salvador’s first Constitution, which it ratified as a province in the United Provinces of Central America in 1824, protected press freedom: “The Congress, the Assemblies, or the other authorities may not restrict, in any case or by any pretext, the freedom of thought, that of the word, that of writing and that of the press” (Biblioteca Virtual Miguel de Cervantes, “Title X. Guarantees of individual freedom”). [Translated from Spanish]

Today, Article 6 of El Salvador’s 1983 Constitution contains some protections for freedom of the press: “Every person may freely express and disseminate his thoughts provided they do not subvert the public order nor injure the moral, honor or private lives of others. The exercise of this right shall not be subject to previous examination, censorship or bond; but those who infringe on the laws [while] making use of this right, shall respond for the offense they commit” (Constitution Project, “El Salvador's Constitution of 1983 with Amendments through 2014”).

Equatorial Guinea

Equatorial Guinea’s 1991 Constitution contains no explicit press freedom protections (Constitute Project, “Equatorial Guinea's Constitution of 1991 with Amendments through 2012”).

Eritrea

Article 19 of the 1997 Constitution protects press freedom: “Every person shall have the freedom of speech and expression, including freedom of the press and other media” (Constitute Project, “Eritrea's Constitution of 1997”).

Estonia

Paragraph 13 of Estonia’s 1920 Constitution first outlined protections on press freedom: “In Estonia there is freedom for the expression of personal ideas in words, print, letters, pictures, and sculpture. This freedom can be restricted only in the defense of the State and morals” (Wikisource, “Constitution of the Esthonian Republic (1920)”).

Today, Article 45 of Estonia’s 1992 Constitution protects press freedom: “Everyone has the right to freely disseminate ideas, opinions, beliefs and other information by word, print, picture or other means” (Constitute Project, “Estonia's Constitution of 1992 with Amendments through 2015”).

Eswatini

Article 24 of Eswatini’s 2005 Constitution protects press freedom: “A person shall not except with the free consent of that person be hindered in the enjoyment of the freedom of expression, which includes the freedom of the press and other media” (Constitute Project, “Eswatini's Constitution of 2005”).

Ethiopia

Freedom of the press was first protected under Article 41 of Ethiopia’s 1955 Constitution: “Freedom of speech and of the press is guaranteed throughout the Empire in accordance with the law.”

Today, Article 29 of Ethiopia’s 1994 Constitution protects press freedom: “Freedom of the press and other mass media and freedom of artistic creativity is guaranteed. Freedom of the press shall specifically include the following elements: a. Prohibition of any form of censorship. b. Access to information of public interest.” (Constitute Project, “Ethiopia's Constitution of 1994”).

Fiji

Although it did not explicitly protect press freedom, Fiji’s 1970 Constitution did protect “freedom to hold opinions and to receive and impart ideas and information without interference, and freedom from interference with…correspondence” (PacLII, “Fiji Independence Order 1970 and Constitution of Fiji”).

Today, Article 17 of Fiji’s 2013 Constitution explicitly protects press freedom: “Every person has the right to freedom of speech, expression, thought, opinion and publication, which includes… freedom of the press, including print, electronic and other media” (Constitute Project, “Fiji's Constitution of 2013”).

Finland

Section 10 of Finland’s 1919 Constitution Act included the “right to impart, publish and receive information, opinions and other communications without prior hindrance from anyone” as part of its protections on freedom of expression (National Legislative Bodies, “Constitution Act of Finland”).

Today, Section 12 of Finland’s 1999 Constitution protects the “right to express, disseminate and receive information, opinions and other communications without prior prevention by anyone” as part of its protections on freedom of expression (Constitute Project, “Finland's Constitution of 1999 with Amendments through 2011”).

France

The importance of press freedom was originally emphasized in Article XI of the 1789 Declaration of Rights of Man and of the Citizen: “The free communication of ideas and opinions is one of the most precious of the rights of man. Every citizen may, accordingly, speak, write, and print with freedom, but shall be responsible for such abuses of this freedom as shall be defined by law” (Yale Law School, “Declaration of the Rights of Man – 1789”).

This clause is now contained in Article 11 of the France’s 1958 Constitution (Constitute Project, “France's Constitution of 1958 with Amendments through 2008”).

Gabon

Article 94 of Gabon’s 1991 Constitution protects press freedom: “Audiovisual and written communication is free in the Gabonese Republic, restricted only by respect of the public order, liberty and dignity of its citizens” (Constitute Project, “Gabon's Constitution of 1991 with Amendments through 2011”).

The Gambia

Article 20 of The Gambia’s 1965 Constitution protected “freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence” under its protection of freedom of expression (Citizenship Rights Africa, “The Gambia Independence Order 1965”).

Today, Article 25 of The Gambia’s 1996 Constitution guarantees that “Every person shall have the right to… freedom of speech and expression, which shall include freedom of the press and other media” (Constitute Project, “Gambia (The)'s Constitution of 1996 with Amendments through 2004”).

Georgia

Article 23 of Georgia’s 1995 Constitution protects press freedom: “Everyone shall be free to receive and impart information, to express and disseminate his/her opinion orally, in writing, or otherwise. Mass media shall be free. Censorship shall be inadmissible” (Constitute Project, “Georgia's Constitution of 1995 with Amendments through 2013”).

Germany

Press freedom was first protected under Article 4 of the 1849 Frankfurt Constitution: “The freedom of the press shall be suspended under no circumstances through preventive measures, namely, censorship, concessions, security orders, imposts, limitation of publication or bookselling, postal bans, or other restraints” (Wadsworth, “Frankfurt Constitution of 1849”).

Article 5 of Germany’s 1949 Constitution protects press freedom: “Freedom of the press and freedom of reporting by means of broadcasts and films shall be guaranteed. There shall be no censorship” (Constitute Project, “Germany's Constitution of 1949 with Amendments through 2014”).

Ghana

Ghana’s 1979 Constitution protected the right “to receive and impart ideas and information. without interference, and freedom from interference with his correspondence” (Constitutionnet, “Constitution of the Third Republic of Ghana (Promulgated) Decree, 1979”).

Today, Article 21 of Ghana’s 1992 Constitution protects press freedom: “freedom of speech and expression, which shall include freedom of the press and other media” (Constitute Project, “Ghana's Constitution of 1992 with Amendments through 1996”).

Greece

Article 14 of Greece’s 1975 Constitution protects press freedom: “The press is free. Censorship and all other preventive measures are prohibited…The seizure of newspapers and other publications before or after circulation is prohibited” (Constitute Project, “Greece's Constitution of 1975 with Amendments through 2008”).

Grenada

Article 10 of Grenada’s 1973 Constitution protects the “freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence” as well as the “technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting or television” (Constitute Project, “Grenada's Constitution of 1973, Reinstated in 1991, with Amendments through 1992”).

Guatemala

Article 175 of Guatemala’s first Constitution, which it ratified as a province in the United Provinces of Central America in 1824, protected press freedom: “The Congress, the Assemblies, or the other authorities may not restrict, in any case or by any pretext, the freedom of thought, that of the word, that of writing and that of the press” (Biblioteca Virtual Miguel de Cervantes, “Title X. Guarantees of individual freedom”). [Translated from Spanish]

Today, Article 35 of Guatemala’s 1985 Constitution protects press freedom: “The publications which contain denunciations, criticisms, or accusations [imputaciones] against functionaries or public employees for actions conducted in the performance of their duties[,] do not constitute a crime or a fault…The activity of the means of social communication is of public interest and in no case may they be expropriated. They may not be closed, attached [embargados], interfered with, confiscated, or seized [decomisados], nor may the enterprises, plants, equipment, machinery, and gear [enseres] of the means of communication be interrupted in their functioning, for faults or crimes in the expression of thought. The access to the sources of information is free and no authority may limit this right” (Constitute Project, “Guatemala's Constitution of 1985 with Amendments through 1993”).

Guinea

Article 7 of the 1990 Guinean Constitution protected freedom to “express, manifest, disseminate…ideas and opinions through speech, writing and image. He is free to learn and obtain information from sources accessible to all” (WIPO, “Constitution du 23 décembre 1990”) [Translated from French]

Today, Article 7 of Guinea’s 2010 Constitution protects press freedom: “The freedom of the Press is guaranteed and protected. The creation of an organ of [the] press or of [the] media for political, economical, social, cultural, sports, recreational or scientific information is free” (Constitute Project, “Guinea's Constitution of 2010”).

Guinea-Bissau

Article 51 of Guinea-Bissau’s 1984 Constitution protects the right “to inform, look for information and be informed without any hindering or discrimination” (Constitute Project, “Guinea-Bissau's Constitution of 1984 with Amendments through 1996”).

Guyana

Article 146 of Guyana’s 1980 Constitution protects “freedom to communicate ideas and information without interference and freedom from interference with his correspondence” (National Legislative Bodies, “Constitution of the Co-operative Republic of Guyana”).

Haiti

Article 27 of Haiti’s 1843 Constitution was its first to protect press freedom: “Everyone has the right to express their opinions in any matter, to write, print and publish their thoughts” (Digithèque MJP, “Constituion du 30 décembre 1843”).

Article 28-1 of Haiti’s 1987 Constitution protects press freedom: “Journalists shall freely exercise their profession within the framework of the law. Such exercise may not be subject to any authorization or censorship, except in the case of war” (Constitute Project, “Haiti's Constitution of 1987 with Amendments through 2012”).

Honduras

Article 117 of the 1839 Honduran Constitution first protected press freedom: “It will not be possible to restrict in any case or by any pretext, the freedom of thought, of the word, that of writing, or that of the press” (Bufeterosa, “Constitucion de 1839”). [Translated from Spanish]

Article 72 of the 1982 Honduran Constitution states that “expression of thought shall be free, and be expressed through any means of dissemination, without prior censorship” (Constitute Project, “Honduras's Constitution of 1982 with Amendments through 2013”).

Hungary

Hungary first protected press freedom under Article 61 of its 1949 Constitution: “The Republic of Hungary recognizes and respects the freedom of the press” (OHCHR, “Act XX of 1949”).

Article IX of the 2011 Hungarian Constitution protects press freedom: “Hungary shall recognise and protect the freedom and diversity of the press, and shall ensure the conditions for free dissemination of information necessary for the formation of democratic public opinion” (Constitute Project, “Hungary's Constitution of 2011 with Amendments through 2013”).

Iceland

Iceland’s first press freedom protections came while it was a part of Denmark under Section 77 of the 1849 Danish Constitutional Act (see above).

Today, Freedom of the press is not explicitly protected in Iceland’s 1944 Constitution. However, Article 73’s protections for freedom of expression extend to the press: “Everyone shall be free to express his thoughts, but shall also be liable to answer for them in court. The law may never provide for censorship or other similar limitations to freedom of expression” (Constitute Project, “Iceland's Constitution of 1944 with Amendments through 2013”).

India

India’s 1949 Constitution does not explicitly protect press freedom, but it is conventionally understood that Article 19 protections on freedom of expression legally extend to the press (Gaur 1994, p. 429).

Indonesia

Indonesia’s 1945 Constitution does not formally protect freedom of the press, but does protect freedom of expression (Constitute Project, “Indonesia's Constitution of 1945, Reinstated in 1959, with Amendments through 2002”). Indonesia Law No. 40 in 1999 outlined explicit protections for press freedom: “the freedom of the press is one of the many embodiments of the sovereignty of the people and is the utmost important element in creating a democratic society, nation and state in order to insure the freedom of expressing ideas and opinions as stated in Article 28 of the Indonesian Constitution of 1945” (Human Rights and Peace for Papua, “Indonesian Law No. 40 in 1999 on Press”).

Iran

Freedom of expression and, by extension, freedom of the press was protected under Article 20 of the “Rights of the Persian Nation” section of the 1906 Iranian Constitution: “All publications, except heretical books and matters hurtful to the perspicuous religion [of Islám] are free, and are exempt from the censorship. If, however, anything should be discovered in them contrary to the Press law, the publisher or writer is liable to punishment according to that law. If the writer be known, and be resident in Persia, then the publisher, printer and distributor shall not be liable to prosecution” (Wikisource, “Iran Constitution of 1906”).

Today, Article 24 of the 1979 Iranian Constitution discusses protections for press freedom, with some caveats: “Publications and the press have freedom of expression except when it is detrimental to the fundamental principles of Islam or the rights of the public. The details of this exception will be specified by law” (Constitute Project, “Iran (Islamic Republic of)'s Constitution of 1979 with Amendments through 1989”).

Iraq

Article 12 of Iraq’s 1925 Constitution first protected press freedom: “Freedom of expression of opinion, liberty of publication, of meeting together, and of forming and joining associations is guaranteed to all Iraqis within such limits as may be prescribed by law” (Global Justice Project, “Constitution of the Kingdom of Iraq (1925)”).

Article 38 of Iraq’s 2005 Constitution protects press freedom: “The State shall guarantee in a way that does not violate public order and morality… Freedom of press, printing, advertisement, media and publication” (Constitute Project, “Iraq's Constitution of 2005”).

Republic of Ireland

Article 40 of the 1937 Irish Constitution provides Ireland’s first explicit protections for press freedom: “the State shall endeavour to ensure that organs of public opinion, such as the radio, the press, the cinema, while preserving their rightful liberty of expression, including criticism of Government policy, shall not be used to undermine public order or morality or the authority of the State” (Constitute Project, “Ireland's Constitution of 1937 with Amendments through 2012”).

Israel

Israel has no formal protections on freedom of the press in their Basic Law and according to Freedom House, “the Knesset consistently refuses to pass legislation that would incorporate it into the Basic Laws.” However, the Israeli Supreme Court has “affirmed that freedom of expression is an essential component of human dignity” and has issued rulings protecting press freedom as a foundational principle of Israel’s Declaration of Independence (Freedom House, “Freedom of the Press 2017 – Israel”).

Italy

Article 21 of Italy’s 1948 Constitution protects press freedom: “Anyone has the right to freely express their thoughts in speech, writing, or any other form of communication. The press may not be subjected to any authorisation or censorship” (Constitute Project, “Italy's Constitution of 1947 with Amendments through 2012”).

Ivory Coast

Ivory Coast’s 1960 Constitution described the facilitation of telecommunication as fundamental, but did not explicitly mention freedom of the press (Présidence de la République de Côte d’Ivoire, “Constitution 1ère Republique”). [Translated from French]

Today, Ivory Coast’s 2016 Constitution contains no explicit mention of freedom of the press, but Article 19 protects the “right to express and disseminate their ideas freely” under their protections of freedom of expression (Constitute Project, “Côte d'Ivoire's Constitution of 2016”).

Jamaica

Article 13 of Jamaica’s 1962 Constitution protects press freedom: “The rights and freedoms referred to in subsection (2) are as follows… the right to seek, receive, distribute or disseminate information, opinions and ideas through any media” (Constitute Project, “Jamaica's Constitution of 1962 with Amendments through 2015”).

Japan

Japan’s 1889 Meiji Constitution protected press freedom under Article 29: “Japanese subjects shall within the limits of the law, enjoy the liberty of speech, writing, publication, public meeting and association” (Constitute Project, “Japan's Constitution of 1889”).

Today, Article 21 of Japan’s 1947 Constitution protects press freedom: “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” (Prime Minister of Japan and His Cabinet, “The Constitution of Japan”).

Jordan

Article 15 of Jordan’s 1952 Constitution guarantees freedom of the press: “Freedom of the press and publications shall be ensured within the limits of the law” (Refworld, “The Constitution of The Hashemite Kingdom of Jordan”).

Kazakhstan

Article 20 of the 1995 Kazakhstan Constitution protects press freedom: “Everyone shall have the right to freely receive and disseminate information by any means not prohibited by law. The list of items constituting state secrets of the Republic of Kazakhstan shall be determined by law” (Legislation Online, “The Constitution of the Republic of Kazakhstan”).

Kenya

Article 34 of the 2010 Kenyan Constitution guarantees freedom of the media: “Freedom and independence of electronic, print and all other types of media is guaranteed…” (Constitute Project, “Kenya's Constitution of 2010”).

Kiribati

Kiribati’s 1979 Constitution contains no explicit press freedom protections, but Article 12’s freedom of expression protections extend “freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference and freedom from interference with his correspondence” (Constitute Project, “Kiribati's Constitution of 1979 with Amendments through 2013”).

Kuwait

Article 37 of the Kuwait’s 1962 Constitution protects press freedom: “Freedom of the press and of publication is guaranteed, subject to the conditions and stipulations prescribed by Law” (Constitute Project, “Kuwait's Constitution of 1962, Reinstated in 1992”).

Kyrgyzstan

Article 31 of the 1993 Kyrgyzstan Constitution protects the “right to free expression of opinion, freedom of speech and press” (Legislation Online, “Constitution of the Kyrgyz Republic”).

Laos

Articles 44 and 45 of the 1991 Laos Constitution do not explicitly protect press freedom, but imply a protection of media production through freedom of expression: “Lao citizens have the right and freedom of speech, press and assembly; and have the right to set up associations and to stage demonstrations which are not contrary to the laws… Lao citizens have the right and freedom to conduct studies in and to apply advanced sciences, techniques and technologies; to create artistic and literary works [;] and to engage in cultural activities which are not contrary to the laws” (Constitute Project, “Lao People's Democratic Republic's Constitution of 1991 with Amendments through 2003”).

Latvia

Article 100 of Latvia’s 1922 Constitution protects press freedom: “Everyone has the right to freedom of expression, which includes the right to freely receive, keep and distribute information and to express his or her views. Censorship is prohibited" (Constitute Project, “Latvia’s Constitution of 1992, reinstated in 1991, with Amendments through 2016”).

Lebanon

Article 13 of Lebanon’s 1926 Constitution protects press freedom: “The freedom of opinion, expression through speech and writing, the freedom of the press, the freedom of assembly, and the freedom of association, are all guaranteed within the scope of the law" (Constitute Project, Lebanon’s Constitution of 1926 with Amendments through 2004”).

Lesotho

Article 14 of Lesotho’s 1993 Constitution protects press freedom: “Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision… for the purpose of… regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting or television" (Constitute Project, “Lesotho’ Constitution of 1993 with Amendments through 2018”).

Liberia

Article 15 of Liberia’s 1847 Constitution first protected press freedom: “The liberty of the press is essential to the security of freedom in a state; it ought not, therefore, to be restrained in this republic…” (Constitution Review Committee, “Constitutional Convention of 1847).

Today, Article 15 of Liberia’s 1986 Constitution protects press freedom: “The right encompasses the right to hold opinions without interference and the right to knowledge. It includes freedom of speech and of the press, academic freedom to receive and impart knowledge and information and the right of libraries to make such knowledge available" (Constitute Project, "Liberia’s Constitution of 1986”).

Libya

Article 23 of Libya’s 1951 Constitution originally protected press freedom: “Freedom of press and of printing shall be guaranteed within the limits of the law" (Constitutionnet, “Libya’s Constitution”).

Today, Article 14 of Libya’s 2011 Constitution protects press freedom: “The State shall guarantee freedom of opinion, individual and collective expression, research, communication, press, media, printing and editing, movement, assembly, demonstration and peaceful sit-in in accordance with the statute" (Constitute Project, Libya’s Constitution of 2011 with Amendments through 2012”).

Liechtenstein

Article 8 of Liechtenstein’s 1826 Constitution first mentioned press freedom: “Freedom of communicating thought through the press shall be regulated by a special law.” (The Constitutions of States at War 1919, p. 376).

Article 40 of Liechtenstein’s 1921 Constitution protects press freedom: “Every person shall be entitled to freely express his opinion and to communicate his ideas by word of mouth or in writing, print or pictures within the limits of the law and morality; no censorship may be exercised except in respect of public performances and exhibitions" (Constitute Project, “Liechtenstein’s Constitution of 1921 with Amendments through 2011”).

Lithuania

Lithuania’s 1918 Constitution “guaranteed freedom of speech and the press, religion and conscience” (Vardys 1979, p. 321).

Today, Article 44 of the 1992 Lithuanian Constitution protects press freedom: “Censorship of mass information shall be prohibited. The State, political parties, political and public organization, and other institutions or persons may not monopolise the mass media" (Constitute Project, “Lithuania’s Constitution of 1992 with Amendments through 2019”).

Luxembourg

Article 24 of Luxembourg’s 1868 Constitution protects freedom of press: “The freedom to manifest one's opinion by speech in all matters, and the freedom of the press are guaranteed, save the repression of offenses committed on the occasion of the exercise of these freedoms. - Censorship may never be established" (Constitute Project, “Luxembourg’s Constitution of 1868 with Amendments through 2009”).

Madagascar

Article 10 of Madagascar’s 2010 Constitution protects press freedom: “The freedoms of opinion and of expression, of communication, of the press, of association, of assembly, of circulation, of conscience and of religion are guaranteed to all and may only be limited by the respect for the freedoms and rights of others, and by the imperative of safeguarding the public order, the national dignity and the security of the State" (Constitute Project, “Madagascar's Constitution of 2010 ”).

Malawi

Article 36 of Malawi’s 1994 Constitution protects press freedom: “The press shall have the right to report and publish freely, within Malawi and abroad, and to be accorded the fullest possible facilities for access to public information" (Constitute Project, “Malawi’s Constitution of 1994 with Amendments through 2017”).

Malaysia

Malaysia’s 1957 Constitution contains no explicit protections on press freedom (Constitute Project, “Malaysia’s Constitution of 1957 with Amendments through 2007”).

Maldives

Article 28 of Maldives’ 2008 Constitution protects press freedom: “Everyone has the right to freedom of the press, and other means of communication, including the right to espouse, disseminate and publish news, information, views and ideas. No person shall be compelled to disclose the source of any information that is espoused, disseminated or published by that person" (Constitute Project, “Maldives’s Constitution of 2008”).

Mali

Article 7 of Mali’s 1992 Constitution protects press freedom: “Freedom of the press shall be recognized and guaranteed. It shall be exercised within conditions determined by law. Equal access for all to the State media shall be assured by an independent organ who's regulations shall be established by an organic law" (Constitute Project, “Mali’s Constitution of 1992”).

Malta

Article 41 of Malta’s 1964 Constitution protects press freedom as a subset of freedom of expression: “Except with his own consent or by way of parental discipline, no person shall be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference" (Constitute Project, “Malta’s Constitution of 1964 with Amendments through 2016”).

Marshall Islands

Article II, Section 1 of the Marshall Islands’ 1979 Constitution protects press freedom: “Every person has the right to freedom of thought, conscience, and belief; to freedom of speech and of the press; to the free exercise of religion; to freedom of peaceful assembly and association; and to petition the government for a redress of grievances" (Constitute Project, “Marshall Islands’ Constitution of 1979 with Amendments through 1995”).

Mauritania

Mauritania’s 1961 Constitution drew from the French Declaration of the Rights of Man and included press freedom protections (Handloff 1987, p. 126).

Today, however, Mauritania’s 1991 Constitution contains no explicit protections on press freedom (Constitute Project, “Mauritania’s Constitution of 1991 with Amendments through 2012”).

Mauritius

Article 12 of Mauritius’s 1968 Constitution protects press freedom: “Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision…for the purpose of…regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting, television, public exhibitions or public entertainments" (Constitute Project, “Mauritius’ Constitution of 1968 with Amendments through 2016”).

Mexico

Article 50 and 171 of Mexico’s 1824 Constitution protected press freedom:

Article 50: “The exclusive faculties of the general Congress are the following… protect and regulate the political liberty of the press.”

Article 171: “The Articles of this Constitution and the Constitutional Act which establishes the Liberty and Independence of the Mexican Nation, its Religion, form of Government, Liberty of the Press, and division of the Supreme Powers of the Federation, and of the States, can never be reformed" (Sons of Dewitt Colony, “The Constitution of the Mexican United States”).

Today, Article 6 of Mexico’s 1917 Constitution protects press freedom: “Every person shall be entitled to free access to plural and timely information, as well as to search for, receive and distribute information and ideas of any kind, through any means of expression. The State shall guarantee access to information and communication technology, access to the services of radio broadcast, telecommunications and broadband Internet. To that end, the State shall establish effective competition conditions for the provision of such services" (Constitute Project, “Mexico’s Constitution of 1917 with Amendments through 2015”).

Federated States of Micronesia

Micronesia’s 1975 Constitution contains no explicit protections on press freedom. However, Article IV does protect freedom of expression, assembly, association, and petition (UNESCO, “The Constitution of the Federated States of Micronesia”).

Moldova

Article 32 of Moldova’s 1994 Constitution protects press freedom as an element of freedom of expression: “Every citizen shall be guaranteed the freedom of thought and opinion, as well as the freedom of expression in public by way of word, image or any other means possible” (Președinția Republicii Moldova, “Titlul II. Drepturile, libertățile și îndatoririle fundamentale”). [Translated from Romanian]

Monaco

Monaco’s earliest protections of press freedom began with the adoption of the 1848 Constitution (Ferrari 2019, p. 33).

Today, Article 23 of Monaco’s 1962 Constitution protects freedom of expression, but also includes press freedom protections: “ Freedom of religion and of public worship, and freedom to express one’s opinions in all matters, is guaranteed, subject to the right to prosecute any offences committed in the exercise of the said freedoms" Constitute Project, “Monaco’s Constitution of 1962 with Amendments through 2002”).

Mongolia

Article 16 of Mongolia’s 1992 Constitution protects press freedom: “Freedom of thought, opinion and expression, speech, press, and peaceful assembly. The rules of procedures for conduct of demonstrations and public meetings shall be determined by law" (Constitute Project, “Mongolia’s Constitution of 1992 with Amendments through 2001”).

Earlier iterations of the Mongolian Constitution, with the earliest ratified in 1924, included protections on freedom of expression that included freedom of the press (Nordby 1988, p. 80).

Montenegro

As a former part of Yugoslavia, freedom of the press was protected in Montenegro under Article 36 of the Yugoslavian Constitution: “Freedom of the press and other forms of public information shall be guaranteed. Citizens shall have the right to express and publish their opinions in the mass media" (National Legislative Bodies, “Constitution of the Federal Republic of Yugoslavia”).

Today, Article 49 of Montenegro’s 2007 Constitution protects press freedom: “Freedom of press and other forms of public information shall be guaranteed. The right to establish newspapers and other public information media, without approval, by registration with the competent authority, shall be guaranteed" (Constitute Project, “Montenegro’s Constitution of 2007 with Amendments through 2013”).

Morocco

Article 28 of Morocco’s 2011 Constitution protects press freedom: “The freedom of the press is guaranteed and may not be limited by any form of prior censure" (Constitute Project, “Morocco’s Constitution of 2011”).

Mozambique

Mozambique guaranteed press freedom in Article 74 of its 1990 Constitution: “All citizens shall have the right to freedom of expression and to freedom of the press, as well as the right to information” (World Bank, “The Constitution of the Republic of Mozambique, 1990”).

Today, this clause is found in Article 48 of Mozambique’s 2004 Constitution (Constitute Project, “Mozambique’s Constitution of 2004 with Amendments through 2007”).

Myanmar

The 1947 Constitution of Burma originally protected press freedom as a part of freedom of expression in Chapter I, Section 17: “There shall liberty for the exercise of the following rights subject to law, public order and morality…The right of the citizens to express freely their convictions and opinions” (Burma Library, “The Constitution of the Union of Burma, 24 September 1947, Effective 4 January 1948”).

Today, Chapter VIII, Article 354 of Myanmar’s 2008 Constitution protects press freedom: “Every citizen shall be at liberty in the exercise of the following rights…to express and publish freely their convictions and opinions" (Constitute Project, “Myanmar’s Constitution of 2008 with Amendments through 2015”).

Namibia

Article 21 of Namibia’s 1990 Constitution protects press freedom: “All persons shall have the right to…freedom of speech and expression, which shall include freedom of the press and other media" (Constitute Project, “Namibia’s Constitution of 1990 with Amendments through 2014”).

Nauru

Nauru’s 1968 Constitution does not contain explicit protections for press freedom, but does protect freedom of expression (Constitute Project, “Nauru’s Constitution of 1968 with Amendments through 2015”).

Nepal

Part II of Nepal’s 1948 Constitution originally protected press freedom: “Subject to the principles! of public order and morality this Constitution guarantees to the citizens of Nepal freedom of person, freedom of speech, liberty of the press, freedom of assembly and discussion, freedom of worship, complete equality in the eye of the law, cheap and speedy justice, universal free compulsory elementary education, universal and equal suffrage for all adults, security of private property as defined by the laws of the State as at present existing and laws and rules to be made hereunder” (Constitutionnet, “Constitution of Nepal Effective April 1, 1949”).

Today, Article 19 of Nepal’s 2015 Constitution protects press freedom: “There shall be no prior censorship of publications and broadcasting, or information dissemination, or printing of any news item, editorial, article, feature, or other reading material, or the use of audio-visual material by any medium, including electronic publication, broadcasting and printing" (Constitute Project, “ Nepal’s Constitution of 2015 with Amendments through 2016”).

Kingdom of the Netherlands

Article 7 of the 1814 Dutch Constitution protects press freedom: “No one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law" (Constitute Project, “ Kingdom of the Netherland's Constitution of 1814 with Amendments through 2008”).

New Zealand

Article 14 of New Zealand’s 1852 Constitution protects press freedom under freedom of expression: “Everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form" (Constitute Project, “New Zealand’s Constitution of 1852 with Amendments through 2014”).

Nicaragua

Article 66 of Nicaragua’s 1987 Constitution protects press freedom: “Nicaraguans have the right to truthful information. This right comprises the freedom to seek, receive and disseminate information and ideas, be they spoken or written, in graphic or by any other chosen procedure" (Constitute Project, “ Nicaragua’s Constitution of 1987 with Amendments through 2005”).

Niger

Article 100 of Niger’s 2010 Constitution protects press freedom: “The Law determines the fundamental principles…of the protection of the freedom of the press and of the access to public information and to administrative documents" Constitute Project, “Niger’s Constitution of 2010 with Amendments through 2017”).

Nigeria

Article 25 of Nigeria’s 1963 Constitution protected press freedom: “Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.”

Today, Chapter IV, Article 39 of Nigeria’s 1999 Constitution protects press freedom: “Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.”

North Korea

Article 13 of the 1948 North Korean Constitution originally protected press freedom: “Citizens of the D.P.R.K. have freedom of speech, the press, association, assembly, mass meetings and demonstration.”

Today, Article 67 of North Korea’s 1972 Constitution protects press freedom: “Citizens are guaranteed freedom of speech, of the press, of assembly, demonstration and association.”

North Macedonia

Article 16 of North Macedonia’s 1991 Constitution protects press freedom: “The freedom of speech, public address, public information and the establishment of institutions for public information is guaranteed. Free access to information and the freedom of reception and transmission of information are guaranteed.”

Norway

Article 100 of Norway’s 1814 Constitution protects press freedom: “No person may be held liable in law for having imparted or received information, ideas or messages unless this can be justified in relation to the grounds for freedom of expression, which are the seeking of truth, the promotion of democracy and the individual's freedom to form opinions. Such legal liability shall be prescribed by law…Prior censorship and other preventive measures may not be applied unless so required in order to protect children and young persons from the harmful influence of moving pictures. Censorship of letters may only be imposed in institutions.”

Oman

Article 31 of Oman’s 1996 Constitution protects press freedom: “The freedom of the press, printing, and publishing is guaranteed according to the terms and conditions prescribed by the Law. Anything that leads to discord, affects the security of State, or prejudices human dignity or rights, is prohibited.”

Pakistan

Article 19 of Pakistan’s 1973 Constitution protects press freedom: “Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, commission of or incitement to an offence.”

Palau

Article IV, Section 2 of Palau’s 1981 Constitution protects press freedom: “The government shall take no action to deny or impair the freedom of expression or press. No bona fide reporter may be required by the government to divulge or be jailed for refusal to divulge information obtained in the course of a professional investigation.”

Papua New Guinea

Article 46 of Papua New Guinea’s 1975 Constitution protects press freedom: “Every person has the right to freedom of expression and publication, except to the extent that the exercise of that right is regulated or restricted by a law…‘freedom of expression and publication’ includes… freedom of the press and other mass communications media.”

Paraguay

Article 72 of Paraguay’s 1967 Constitution first established protections on press freedom: “Freedom of expression and of information without prior Censorship are inviolable, and no law shall be enacted that limits such freedom or prevents it except in matters connected with the prohibitions contained in the preceding article.”

Today, Article 27 of Paraguay’s 1992 Constitution protects press freedom: “The use of the mass communication media is of public interest; in consequence, their functioning may not be closed or suspended… Any discriminatory practice in the provision of supplies to the press, as well as interfering the radio-electrical frequencies and the obstruction, in any way, of the free circulation, distribution, and sale of periodicals, books, magazines, or other publications with a responsible direction or authors are prohibited.”

Peru

Article 3 of Peru’s 1823 Constitution originally protected press freedom.

Today, Article 2 of Peru’s 1993 Constitution protects press freedom: “To freedom of information, opinion, expression, and dissemination of thought, whether oral, written, or in images, through any medium of social communication, and without previous authorization, censorship, or impediment, under penalty of law.”

Philippines

The Philippines first protected press freedom under Article 20 of the 1899 Malolos Constitution: Neither shall any Filipino be deprived… Of the right to freely express his ideas or opinions, orally or in writing, through the use of the press or other similar means.”

Today, Article III, Section 4 of the Philippines’ 1987 Constitution protects press freedom: “No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.”

Poland

Title II, Section XVI of the 1815 Polish Constitution originally protected press freedom: “The liberty of the press is guaranteed. The law shall determine the method of restraining its abuses.”

Article 14 of Poland’s 1997 Constitution protects press freedom: “The Republic of Poland shall ensure freedom of the press and other means of social communication.”

Portugal

Articles 7 and 8 of the 1822 Portuguese Constitution originally protected press freedom: “The free communication of thoughts is one of man's most precious rights. All Portuguese may therefore, without prior censorship, express their opinions in any matter, as long as they are responsible for the abuse of this freedom in the cases, and in the form that the law determines… The Courts will appoint a Special Court, to protect the freedom of the press, and to curb the offenses resulting from its abuse, as provided for in art. 177 and 189.”

Today, Article 37 of Portugal’s 1976 Constitution protects press freedom: “Everyone shall possess the right to freely express and publicise his thoughts in words, images or by any other means, as well as the right to inform others, inform himself and be informed without hindrance or discrimination.”

Qatar

Article 48 of Qatar’s 2003 Constitution protects press freedom: “Freedom of the press, printing, and publishing is guaranteed according to the law.”

Russia

Article 79 of the 1906 Russian Constitution first protected press freedom: “Within the limits fixed by law every one may express his thoughts by word or writing and circulate them by means of the press or otherwise.”

Today, Article 29 of Russia’s 1993 Constitution protects press freedom: “Everyone shall have the right to freely look for, receive, transmit, produce and distribute information by any legal way. The list of data comprising state secrets shall be determined by a federal law. The freedom of mass communication shall be guaranteed. Censorship shall be banned.”

Rwanda

Article 21 of Rwanda’s 1962 Constitution originally protected press freedom: “The secrecy of correspondence, postal and telegraphic communications is inviolable.”

Today, Article 38 of Rwanda’s 2003 Constitution protects press freedom: “Freedom of press, of expression and of access to information are recognised and guaranteed by the State.”

Saint Kitts and Nevis

Article 12 of Saint Kitts and Nevis’s 1983 Constitution does not explicitly mention press freedom, but includes press protections in its description of freedom of expression: “freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication is to the public generally or to any person or class of persons) and freedom from interference with his correspondence.”

Saint Lucia

Chapter I, Article 9 of Saint Lucia’s 1978 Constitution protects press freedom as a part of freedom of expression: “a person shall not be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence.”

Saint Vincent and the Grenadines

Article 10 of Saint Vincent and the Grenadines’ 1978 Constitution protects press freedom as a part of freedom of expression: “a person shall not be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence.”

Samoa

While freedom of the press is not explicitly mentioned in Samoa’s 1962 Constitution, freedom of expression is protected and “freedom of the press is generally respected” according to Freedom House.

San Marino

Article 6 of San Marino’s 1974 Declaration on the Citizens’ Right and Fundamental Principles ensures that “the privacy of any form of communication shall be protected.”

São Tomé and Príncipe

Article 30 of Sao Tome and Principe’s 1975 Constitution protects press freedom: “Freedom of the press is guaranteed in the Democratic Republic of São Tomé and Príncipe, within the terms of the law. The State guarantees a public service press independent of the interests of economic and political groups.”

Saudi Arabia

Saudi Arabia has no formal protections on press freedom. Article 39 of Saudi Arabia’s 1992 Constitution outlines how the state conducts relations with the press: “Mass media, publication facilities and other means of expression shall function in a manner that is courteous and fair and shall abide by State laws. They shall play their part in educating the masses and boosting national unity. All that may give rise to mischief and discord, or may compromise the security of the State and its public image, or may offend against man's dignity and rights shall be banned. Relevant regulations shall explain how this is to be done.”

Serbia

The 1935 Serbian Constitution protected freedom of the press, and King Milan IV of Serbia discussed freedom of the press as early as 1875: “Although nominated but a few days ago, the Ministers whom I have assembled around me in these grave circumstances, will submit to you nevertheless some projects of laws tending to improve our national institutions, to wit, a law destined to increase the securities for personal safety, a law for the extension of the liberty of the press, and a law for the extension of communal self-government.”

Today, Article 46 of Serbia’s 2006 Constitution protects press freedom: “The freedom of thought and expression shall be guaranteed, as well as the freedom to seek, receive and impart information and ideas through speech, writing, art or in some other manner.”

Sierra Leone

Article 25 of Sierra Leone’s 1991 Constitution protects press freedom: “Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purpose of this section the said freedom includes the freedom to hold opinions and to receive and impart ideas and information without interference, freedom from interference with his correspondence, freedom to own, establish and operate any medium for the dissemination of information, ideas and opinions, and academic freedom in institutions of learning.”

Singapore

Singapore’s 1963 Constitution contains no protection for press freedom, but does protect freedom of speech and expression.

Slovakia

As a part of Czechoslovakia, freedom of the press was protected by Article 113 of the 1920 Czechoslovakian Constitution: “Freedom of the Press as well as the right to assemble peaceably and without arms and to form associations is guaranteed.”

Today, Article 26 of Slovakia’s 1992 Constitution protects press freedom: “Every person has the right to express his or her opinion in words, writing, print, images and any other means, and also to seek, receive and disseminate ideas and information both nationally and internationally. No approval process shall be required for publication of the press. Radio and television companies may be required to seek permission from the State authorities to set up private businesses. Further details shall be provided by law. Censorship shall be prohibited.”

Slovenia

Article 39 of Slovenia’s 1991 Constitution protects press freedom: “Freedom of expression of thought, freedom of speech and public appearance, of the press and other forms of public communication and expression shall be guaranteed.”

Solomon Islands

Article 12 of the Solomon Islands’ 1978 Constitution protects press freedom through freedom of expression: “Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this of section the said freedom includes the freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference and freedom from interference with his correspondence.”

Somalia

Somalia’s 1961 Constitution had no explicit mention of freedom of the press, but protected the right for every person “freely to express his own opinion in any manner, subject to any limitations which may be prescribed by law for the purpose of safeguarding morals and public security.”

Article 18 of Somalia’s 2012 Constitution protects press freedom: “Freedom of expression includes freedom of speech, and freedom of the media, including all forms of electronic and web-based media.”

South Africa

South Africa’s Progressive Federal Party pushed to include freedom of the press as a part of a Bill of Rights during the drafting of the 1983 South African Constitution, but it was ultimately rejected by the rest of Parliament.

Today, Article 16 of South Africa’s 1996 Constitution protects press freedom: “Everyone has the right to freedom of expression, which includes…freedom of the press and other media.”

South Korea

Section 4 of the 1919 Provisional Republic of Korea’s Constitution first protected press freedom: “The citizens of the Korean Republic shall have religious liberty, freedom of speech, freedom of writing and publication, the right to hold public meetings and form social organizations and the full right to choose their dwellings and change their abode.”

Today, Article 21 of South Korea’s 1948 Constitution protects press freedom: “All citizens shall enjoy freedom of speech and the press, and freedom of assembly and association.”

South Sudan

Article 24 of South Sudan’s 2011 Constitution protects press freedom: “All levels of government shall guarantee the freedom of the press and other media as shall be regulated by law in a democratic society.”

Spain

The Spanish Constitution of 1812 protected freedom of the press under Article 131: The powers and duties of the Courts are…to protect the political liberty of the press”.

Today, Section 20 of Spain’s 1978 Constitution protects press freedom: “the right to freely express and spread thoughts, ideas and opinions through words, in writing or by any other means of reproduction.”

Sri Lanka

Chapter IV of the 1972 Sri Lankan Constitution first protected press freedom: “every citizen shall have the right to freedom of speech and expression, including publication.”

Article 14 of Sri Lanka’s 1978 Constitution protects press freedom: “Every citizen is entitled to…the freedom of speech and expression including publication.”

Sudan

Article 49 of Sudan’s 1973 Constitution first protected press freedom: “The press shall be free within the limits of the law, as a means to educate and enlighten the people, and it shall be directed to serve the objectives of the people.”

Article 57 of Sudan’s 2019 Constitution protects press freedom: “Every citizen has the unrestricted right to freedom of expression, to receive and publish information and publications, and to access the press, without prejudice to public order, safety and morals in accordance with what is determined by law.”

Suriname

Article 19 of Suriname’s 1987 Constitution protects press freedom: “Everyone has the right to make public his thoughts or feelings and to express his opinion through the printed press or other means of communication, subject to the responsibility of all as set forth in the law.”

Sweden

Sweden was the first nation to formally protect freedom of the press through the 1766 Freedom of the Press Act: “The freedom of the press is understood to mean the right of every Swedish citizen to publish written matter, without prior hindrance by a public authority or other public body, and not to be prosecuted thereafter on grounds of its content other than before a lawful court, or punished therefor other than because the content contravenes an express provision of law, enacted to preserve public order without suppressing information to the public.”

The Freedom of the Press Act is still included in Sweden’s 1974 Constitution, and Article 1 of Chapter 2 extends further protections for press freedom across “sound radio, television and certain similar transmissions, as well as in films, video recordings, sound recordings and other technical recordings.”

Switzerland

Article 55 of Switzerland’s 1874 Constitution first protected press freedom: “The freedom of the press is guaranteed.”

Today, Article 17 of Switzerland’s 1999 Constitution protects press freedom: “Freedom of the press, radio and television and of other forms of dissemination of features and information by means of public telecommunications is guaranteed.”

Syria

Article 17 of Syria’s 1930 Constitution first protected press freedom: “Freedom of the press and printing is guaranteed under the conditions provided for by law.”

Today, Article 43 of Syria’s 2012 Constitution protects press freedom: “The state shall guarantee freedom of the press, printing and publishing, the media and its independence in accordance with the law.”

Tajikistan

Article 30 of Tajikistan’s 1994 Constitution protects press freedom: “Everyone is guaranteed freedom of speech, press, [and] the right to use means of mass information."

Tanzania

Tanzania’s 1961 Constitution did not explicitly protect press freedom, but did protect freedom of expression.

Article 18 of Tanzania’s 1977 Constitution protects press freedom as a part of freedom of expression: “Without prejudice to expression the laws of the land, every person has the right to freedom of opinion and expression, and to seek, receive and impart or disseminate information and ideas through any media regardless of national frontiers, and also has the right of freedom from interference with his communications.”

Thailand

Article 14 of Thailand’s 1932 Constitution first protected press freedom: “Subject to the provisions of the law, every person enjoys full liberty of person, abode, property, speech, writing, publication, education, public meeting, association and vocation.”

Section 35 of Thailand’s 2017 Constitution protects press freedom: “A media professional shall have liberty in presenting news or expressing opinions in accordance with professional ethics.”

Togo

Article 12 of Togo’s 1963 Constitution first protected press freedom: “Everyone has the right to express and freely disseminate their opinions through speech, pen and image in compliance with laws and regulations.”

Today, Article 26 of Togo’s 1992 Constitution protects press freedom: “The freedom of the press is recognized and guaranteed by the State. It is protected by the law.”

Tonga

Article 7 of Tonga’s 1875 Constitution protects press freedom: “It shall be lawful for all people to speak write and print their opinions and no law shall ever be enacted to restrict this liberty. There shall be freedom of speech and of the press for ever but nothing in this clause shall be held to outweigh the law of slander or the laws for the protection of the King and the Royal Family.”

Trinidad and Tobago

Chapter 1, Part 1 of Trinidad and Tobago’s 1976 Constitution protects press freedom: “It is hereby recognised and declared that in Trinidad and Tobago there have existed and shall continue to exist, without discrimination by reason of race, origin, colour, religion or sex, the following fundamental human rights and freedoms, namely…freedom of the press.”

Tunisia

Article 8 of Tunisia’s 1959 Constitution first protected press freedom: “Freedom of opinion, expression, press, publication, assembly and association are guaranteed and exercised according to the terms defined by the law.”

Article 31 of Tunisia’s 2014 Constitution protects press freedom: “Freedom of opinion, thought, expression, information and publication shall be guaranteed. These freedoms shall not be subject to prior censorship.”

Turkey

Article 12 of the Ottoman Constitution of 1876 first protected press freedom in modern-day Turkey: “The press is free, within limits imposed by law.”

Article 26 of Turkey’s 1982 Constitution protects press freedom: “Everyone has the right to express and disseminate his/her thoughts and opinions by speech, in writing or in pictures or through other media, individually or collectively. This freedom includes the liberty of receiving or imparting information or ideas without interference by official authorities. This provision shall not preclude subjecting transmission by radio, television, cinema, or similar means to a system of licensing.”

Turkmenistan

Article 42 of Turkmenistan’s 1992 Constitution protects press freedom: “Everyone shall have the right to free search of information and to receive and disseminate information in ways not prohibited by law, if it is not a state or other secret protected by law.”

Tuvalu

Article 24 of Tuvalu’s 1986 Constitution protects press freedom as a part of freedom of expression: “For the purposes of this section, freedom of expression includes… freedom to hold opinions without interference; and freedom to receive ideas and information without interference; and freedom to communicate ideas and information without interference; and freedom from interference with correspondence.”

Uganda

Article 26 of Uganda’s 1962 Constitution alluded to press freedom protection in its protection of freedom of expression, but did not explicitly mention it.

Today, Article 29 of Uganda’s 1995 Constitution protects press freedom: “Every person shall have the right to…freedom of speech and expression, which shall include freedom of the press and other media.”

Ukraine

Article 34 of Ukraine’s 1996 Constitution protects press freedom: “Everyone has the right to freely collect, store, use and disseminate information by oral, written or other means of his or her choice.”

United Arab Emirates

Articles 30 and 31 of the UAE’s 1971 Constitution protect freedom of expression and communication, but do not explicitly protect press freedom: “Freedom to hold opinions and express them orally, in writing or by other means of expression shall be guaranteed within the limits of the law… Freedom of communication by means of the posts, telegraph or other means of communication and their secrecy shall be guaranteed in accordance with the law.”

United Kingdom

The United Kingdom has no formal protection of press freedom. The closest legal form of legal recognition of freedom of the press, however, is in Article 10 of the Human Rights Act of 1998, which states “Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.”

United States

Freedom of the press is protected under the First Amendment of the US Constitution: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Uruguay

Article 141 of Uruguay’s 1830 Constitution first protected press freedom: “The communication of thoughts by words, private writings, or published by the press in all matters is entirely free, without the need for prior censorship; the author being responsible, and where appropriate the printer, for the abuses they commit, in accordance with the law.”

Article 29 of Uruguay’s 1967 Constitution protects press freedom: “The communication of thoughts is entirely free in all matters, by words, private writings or published in the press, or by any another form of disclosure, without the need for prior censorship.”

Uzbekistan

Article 67 of Uzbekistan’s 1992 Constitution protects press freedom: “The mass media shall be free and act in accordance with law. It shall bear responsibility for trustworthiness of information in a prescribed manner.”

Vanuatu

Vanuatu’s 1980 Constitution does not formally protect press freedom, but does protect freedom of expression. Observers recognize that, historically, “the government generally respects freedom of the press.”

Venezuela

Venezuela first protected press freedom under Article 181 of its 1811 Constitution: “The right of manifesting all ideas by means of the press, shall be free; but any person who may exercise the same, shall be answerable to the laws, if he attacks and disturbs by his opinions, the public tranquility, the belief, Christian morality, or the property, honour and good opinion of any citizen.”

Today, Article 57 of Venezuela’s 1999 Constitution protects press freedom: “Everyone has the right to express freely his or her thoughts, ideas or opinions orally, in writing or by any other form of expression, and to use for such purpose any means of communication and diffusion, and no censorship shall be established. Anyone making use of this right assumes full responsibility for everything expressed.”

Vietnam

Article 10 of Vietnam’s 1946 Constitution first protected press freedom: “A Vietnamese citizen has the rights to freedoms… of the press.”

Article 25 of Vietnam’s 1992 Constitution protects press freedom: “The citizen shall enjoy the right to freedom of opinion and speech, freedom of the press, to access to information, to assemble, form associations and hold demonstrations. The practice of these rights shall be provided by the law.”

Yemen

Yemen’s 1991 Constitution contains no explicit protections for press freedom but includes the “expression of opinion in speech, writing and photography” under its protections on freedom of expression.

Zambia

Article 20 of Zambia’s 1991 Constitution protects press freedom under freedom of expression: “no person shall be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to impart and communicate ideas and information without interference, whether the communication be to the public generally or to any person or class of persons, and freedom from interference with his correspondence.”

This clause first appeared in Article 22 of Zambia’s 1962 Constitution.

Zimbabwe

Article 20 of Zimbabwe’s 1980 Constitution first protected press freedom under freedom of expression: “Except with his own consent or by way of parental discipline, no person shall be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions and to receive and impart ideas and information without interference, and freedom from interference with his correspondence.”

Today, Article 61 of Zimbabwe’s 2013 Constitution protects press freedom: “Every person is entitled to freedom of the media, which freedom includes protection of the confidentiality of journalists' sources of information…Broadcasting and other electronic media of communication have freedom of establishment.”

When was it generally accepted as a fundamental, legally-protectable right?

The first piece of legislation granting citizens freedom of the press was the Swedish Freedom of the Press Act of 1776. The law allowed for free printing of anything that did not oppose religious faith, did not attack the constitution, and was not otherwise indecent (Nordin 2017, 137). In 1950, the European Convention of Human Rights accepted these same limitations for free press. The Swedish Freedom of the Press Act also gave citizens access to view official state documents. While other European countries had some level of free press, such as the Netherlands, the right to free press was not written into law (Nordin 2017, 138). The right to freedom of the press was accepted more globally with the publication of the United Nations Universal Declaration of Human Rights in 1948, which states, “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” (United Nations 1948). Still, according to Freedom House, the population of the world with freedom of the press as of 2017 was only thirteen percent, due to limitations imposed by authoritarian regimes and Russian and Chinese regimes seeking to expand their global influence. There were even reports of threats to journalists and limitations to freedom of the press in some democracies (Dunham 2017).

As for the United States, the first guarantee of freedom of the press was written by George Mason in the Virginia Declaration of Rights in 1776 (Bogen 1983, 429). Thomas Jefferson revised Mason’s statement that “all men are born equally free and independent” when he wrote the Declaration of Independence (Vile). Likewise, James Madison later used the Virginia Declaration of Rights to help him in drafting the First Amendment in 1791. Specifically, the line “The Freedom of the Press is one of the greatest bulwarks of liberty, and can never be restrained by despotic Governments,” within the Virginia Declaration of Rights shows great similarity to Madison's later proposal for the guarantee of freedom of the press within the Bill of Rights (Bogen 1983, 445). Freedom of the press was accepted as a fundamental right for the United States as a whole with the ratification of the First Amendment in 1791 which states that, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people to peaceably assemble, and to petition the Government for a redress of grievances” (U.S. Const. amend. I). Freedom of the press is intertwined with freedom of speech, and both rights are seen as fundamental (Stewart).

What historical forces or events, if any, contributed to a widespread belief in its importance?

Within the thirteen colonies before the American Revolution, the government did not allow free press. Rather, any form of print had to have a government granted license. The government's initial opposition to free press stemmed from the printing of the first American newspaper in Boston in 1690 called, Publick Occurrences, Both Foreign and Domestick. The British government wanted to censor American media for fear of the spread of unfavorable information. Following the disallowance of Publick Occurrences, it was 14 years until another American newspaper was published. The governor of Virginia at the time, Sir William Berkeley, wrote, “I thank God, we have not free schools nor printing; and I hope we shall not have these hundred years. For learning has brought disobedience and heresy and sects into the world; and printing has divulged them and libels the government” (Kahane 1976, 203). Likewise, English law strongly opposed freedom of the press.

A major contribution to the shift to a widespread belief in the importance of freedom of the press in the United States was Cato’s Letters, a series of essays written by John Trenchard and Thomas Gordon between 1720 and 1723 (Trenchard & Gordon 1724). The essays consisted of revolutionary political ideas that largely criticized the British government. Cato viewed human nature as rooted in selfishness, suggesting that political decisions were too often made in the deciders best interest, not necessarily that of the public. For this reason, Cato emphasized the need for human rights and liberty as a check against the power of officials in order to avoid the oppression of some. He emphasized the need to fight against tyranny and corruption. While acknowledging the risks of libel, he endorsed citizen rights to free speech and free press. He believed that all citizens should have the ability to criticize the government accurately. The alternative- restricting freedom of the press, he suggested, would be beneficial only for the corrupt (McDaniel). Cato wrote, “There are some truths not fit to be told...But this doctrine only holds true as to private and personal failings; and it is quite otherwise when the crimes of men come to affect the publick” (Trenchard & Gordon 1724). Cato’s Letters were one of the most familiar essays of time, with people commonly referring to them as a justification and a defense of the rights they deserved, allowing the idea of freedom of the press to gain momentum. The essays were crucial to understanding the importance of and the meaning of the First Amendment, which stemmed from the Virginia Declaration of Rights (Bogen 1983, 446).

Another contributing event was the trial of John Peter Zenger, a printer in New York. In 1733, Zenger printed the New York Weekly Journal. The journal criticized the British royal governor of New York, William S. Cosby, accusing him of rigging elections and other corruption. While Zenger did not write the journal, he was sent to jail and accused of libel, which at the time meant publishing information in opposition to the government. At trial, Zenger was represented by Andrew Hamilton. While Hamilton admitted that Zenger did print the journal, he invoked a new principle, that libel was not punishable if true. Hamilton was able to convince the jury of Zenger’s innocence on the grounds that they could not prove that the content of his publication was false (Kahane 1976, 205). The verdict of the case did not have any serious impact on legal precedent because according to the specifics of the case, the jury ruled that Zenger had not printed the journal, even though Hamilton confessed that much. However, the trial did have the immediate effect of an increase in the amount of political satires printed, specifically those opposed to or critiquing some aspect of the government. This put pressure on less popular officials and increased the relative power of journalists (Olson, 2000).

More broadly, as for the world’s first law guaranteeing freedom of the press in Sweden, Sweden’s intellectual climate and institutional structure allowed for the adoption of ideas that were more radical at the time. Within Sweden, as in Western parts of the world, there was a spread of liberal theory. Liberal theory values the individual as necessary within society and politics. Likewise, liberal theory recognizes the need for change over time in order to advance and improve society. In combination with Sweden’s institutional structure, Sweden could more easily advance new laws (Nordin 2017, 139). At the time, the Diet: four estates including the nobility, the clergy, the burghers, and the peasantry, along with opposing political parties: the Hats and the Caps, ran political discussions and had political power. Around sixty percent of adult males would participate in political decisions. The executive, the Council of the Realm, would act according to the Diet. Sweden saw the greatest citizen participation in politics of any country in Europe. Therefore, unlike in other areas of Europe or the world at the time, citizens were more able to advance their own interests, which resulted in greater liberties pertaining to freedom of the press and free speech (Nordin 2017, 140).

Legal Codification

Is it contained in the US Constitution?

The right to freedom of the press is in the first amendment:

• “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” (United States of America 1789 (Rev. 1992) Constitution - Constitute, 1992).

Has it been interpreted as being implicit in the US Constitution?

No, as the right is explicitly stated in the Constitution.

Are there any exceptions in American law to this right?

Given the fuzzy line between freedom of speech and freedom of the press (Freedom of Expression, n.d.), restrictions or exceptions towards speech will impact the press and vice versa. With this is mind, there are two main exceptions in the history of United States law to the right of freedom of the press: the Espionage Act of 1917, and the Sedition Act of 1918.

The Espionage Act of 1917 stated that an individual who shares a document or information that “…could be used to the injury of the United States…shall be fined…or imprisoned…” (18 U.S. Code § 793 - Gathering, Transmitting or Losing Defense Information, n.d.). Similar to the Alien and Sedition Acts, the Espionage Act was proposed in the context of war where President Woodrow Wilson himself pleaded for greater restriction to expression and punishment towards individuals that opposed the United States government in his State of the Union address: “Such creatures of passion, disloyalty, and anarchy must be crushed out” (Handout B, n.d.).

The Espionage Act was put to the test in the case Schenck v. United States (1919). Charles Schenck and Elizabeth Baer were convicted for violating the act by distributing leaflets that claimed the draft unconstitutional and was akin to “involuntary servitude” (Schenck v. United States, n.d.). The conviction was upheld by the Supreme Court due to Schenck and Baer’s actions providing a “clear and present danger” which the government has the constitutional ability to block (Asp, n.d.).

A similar decision occurred with Debs v. United States (1919). Eugene V. Debs, a popular socialist politician, was sentenced to ten years in prison for condemning the involvement of the United States in the first World War. Debs claimed protection under the First Amendment, but it was not accepted as Debs’ statements were considered, again, a clear and present danger due to them potentially causing resentment towards the draft (Dow, n.d.).

Many were indicted through the Espionage Act, though as time passed, there was controversy over its small scope and high leniency as the first World War continued its drastic impact on the United States. The case that tipped the balance towards a stronger Espionage Act was an indictment to Ves Hall. Hall was a rancher in rural Montana who expressed plans to desert if he were drafted, that Germany would win the war, and that Woodrow Wilson was a corrupt president (Galison, 2010). Hall’s prosecution had broad support from the press and the public. However, Hall was acquitted in the district court as the judge at the time decided that as Hall was in a remote village of 60 people and was miles and miles away from any military presence, and therefore his words did not present any threat to the United States: “…[Hall’s] verbal assault was so distant from its target that there simply was no plausible case to be made for interference with military operations or recruitment” (Ibid.). After Hall’s acquittal, in addition to other acquittals or lenient sentences, desire from American nationalists and supporters from the war increased for an expansion of the Espionage Act to be able to effectively punish and deter disloyalty (Ibid.; Gutfeld, 1968, pg. 169). An amendment was added to the Espionage Act, the Sedition Act of 1918, which rather than merely prohibiting the sharing of a document that could jeopardize American security, instead makes any “disloyal, profane, scurrilous, or abusive language” expressions towards the government, the Constitution, the military, or the flag a federal offense (The Espionage and Sedition Acts, 2021).

Eventually, the early 20th century war-era acts were reversed by the 1964 case Brandenburg v. Ohio. In the case, Clarence Brandenburg, a member of the Ku Klux Klan, was having a meeting where he planned a demonstration on Washington, D.C. Brandenburg was convicted to ten years in prison for advocating crime and terrorism (Walker, n.d.). When the case went to the Supreme Court, the Court unanimously decided to overturn Brandenburg’s conviction (Ibid.). The Court stated: “Freedoms of speech and press do not permit a State to forbid advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action” (Brandenburg v. Ohio, 395 U.S. 444, 1969). As a result, this gave political dissenters a greater ability to express their beliefs despite whatever position towards the United States Government they may have.

Even with Brandenburg’s “imminent lawless action” rule did not completely dissolve the Espionage Act, however. As the Cold War became a more prominent conflict in the 20th century, the Espionage Act was used to justify convictions of American citizens who shared sensitive information about the United States’ research into atomic bombs (DeWitt, 2016, pg. 124). Henceforth, citizens who had access to sensitive information would have their speech limited, in order to protect national security, and it is this interpretation of the Espionage Act which the United States government uses to justify convictions towards “whistleblowers”—Edward Snowden and Chelsea Manning for example—in the present day (DeWitt, 2016, pg. 127; Greenwald, 2013; Volokh, 2018).

Other exceptions to freedom of the press exist. One example is that of obscenity. In 1973, the case Miller v. California, publisher Marvin Miller was prosecuted for mailing advertisements considered obscene (Hudson, n.d.). The Supreme Court acquitted Miller of the charge and established a three-part test—the Miller test— to decide whether an expression is obscene or not: “Whether the average person…would find the work…appeals to the prurient interest,…whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law,…and whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value” (Marvin MILLER, Appellant, v. State of CALIFORNIA., 1973).

Defamation is another exception, of which the 1964 case New York Times v. Sullivan is an example. The New York Times published an advertisement containing false information about actions taken by opposers of civil rights which included Alabama police, which the Montgomery, Alabama city commissioner, L.B. Sullivan, then responded by filing suit, claiming that the advertisement harmed his reputation and was libelous (Wermiel, n.d.). The Supreme Court reversed the motions of the previous courts that defended Sullivan and Justice William J. Brennan Jr. Opined for the majority: “[We] consider this case against the background of a profound national commitment to the principle that debate on public issues should be uninhibited, robust and wide open…” allowing even for “…vehement, caustic and sometimes unpleasantly sharp attacks on government and public officials” (Hudson Jr, n.d.). With this defense, however, limits could be enforced if the expression is made with “ ‘actual malice’—that is, with knowledge that it was false or with reckless disregard of whether it was false or not” (New York Times Co. v. Sullivan, 376 U.S. 254, 1964).

Lastly, there is a limit as to what extent the press can protect their reporters’ confidentiality, and this was established in the 1972 case Branzburg v. Hayes (Tom McInnis, n.d.). Reporter Paul Branzburg published a story about drug use and the Black Panthers. Branzburg was asked to testify on the illegal activity and Branzburg refused due to the confidentiality he promised his sources. The Supreme Court decided that, as the information was relevant to a criminal investigation, reporters are obligated to testify on that information (Ibid.). The Court states: “The First Amendment does not relieve a newspaper reporter of the obligation that all citizens have to respond to a grand jury subpoena and answer questions relevant to a criminal investigation, and therefore the Amendment does not afford him a constitutional testimonial privilege…” (Branzburg v. Hayes, 1972).

Philosophical Origins

What have religious and philosophical traditions contributed to our understanding of this right?

Millian Utilitarianism

John Stuart Mill’s work of On Liberty (1859) argues against government forcing ideas on the public and argues for the liberty of the press. This would allow for the free reign of ideas and knowledge in society without coercion from the public or their government. This argument allows for inclusion and argues against the censorship of any idea or opinion, no matter the stance or status of the individual. This argument would say that if the power of coercion is exercised, the government or institution is illegitimate and the only way a government can be legitimate is through granting the liberty of the press and of speech.

“The time, it is to be hoped, is gone by, when any defense would be necessary of the ‘liberty of the press’ as one of the securities against corrupt of tyrannical government. No argument, we may suppose, can now be needed, against permitting a legislature or an executive, not identified in [the] interests with the people, to prescribe opinions to them, and determine what doctrines or what arguments they shall be allowed to hear… the government, whether completely responsible to the people or not, will often attempt to control the expression of opinion, except when in doing so it makes itself the organ of the general intolerance of the public…Let us suppose, therefore, that the government is entirely at one with the people, and never thinks of exerting any power of coercion unless in agreement with what it conceives to be their voice. But I deny the right of the people to exercise such coercion, either by themselves, or by their government. The power itself is illegitimate.” (Mill, On Liberty, chapter 2 pp. 20-21).

Mill’s argument is that coercion is the source of illegitimate government and liberty of the press and speech allow for the free flow of opinions, ideas and knowledge that is the basis for political legitimacy. Government interference in this free flow is how government institutions stray from the public and cause illegitimacy. Mill argues for the freedom of the press and has this be the basis for political expression in legitimate governments.

Mill argues that the suppression of opinions by any person is to assume that this person has absolute certainty. This idea robs other humans from forming their own opinions about the first idea and if this suppression takes place, it says that the original idea is false because one person said so, not because the majority of people believe so. This act of suppression robs people of the right to form their own opinion and prevents majority opinions from being formed. Liberty, is then impossible because of this suppression of ideas, making freedom of the press vital to utilitarian ideals and public opinion in general (Mill, On Liberty, chapter 2 pp. 22-24).

Mill, John Stuart. On Liberty and Other Essays. 1859. Oxford World’s Classics, edited with introduction and notes by John Gray, 1991, pp. 20-24.