Source/Freedom of Expression

Legal Codification

Is this right protected in the Constitutions of most countries today?

The right to free expression is upheld by most countries’ constitutions (World Population Review), though the degree of liberty that comes with entitlements to free expression may differ. Furthermore, a Free Expression Index generated by Pew Research Center demonstrates one method for comparing the strength of free expression internationally (Pew Research Center). In developing the index, Pew surveyed 38 countries on eight questions pertaining to free expression. Pew proceeded to then rank the countries on a scale of zero to eight-eight meaning the country fully supported free expression. From their results, the United States and Canada demonstrated the highest levels of free expression, with scores of 5.73 and 5.08 respectively, while Senegal and Burkina Faso showed the lowest levels of free expression, with scores of 2.06 and 2.94, respectively. Thus, demonstrated by the Pew Research index, while many countries may support free expression within their constitutions, the degree to which free expression is practiced and enforced often varies.

Consequently, there are still several countries that restrict free expression in their laws. For example, in South Korea, The National Security Law prohibits sharing sympathies towards North Korea (Kolick, Alli; Dehague, Tyler; and Leick, Amber). Additionally, while Afghanistan’s constitution does protect freedom of expression, it does not firmly protect speech when related to “ ‘public spirit’, ‘security’, and ‘public interest’ ” (Ministry of Foreign Affairs - Islamic Republic of Afghanistan). India’s free expression laws likewise are not comprehensive, as the right to free press is not explicitly stated in the Indian Constitution (Kolick, Alli; Dehague, Tyler; and Leick, Ambe). Therefore, while most countries do have some form of free expression within their constitutions, not all free expression clauses clearly outline the rights of citizens; rather, many constitutions explicitly restrict forms of free expression.