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Following its declaration of independence from the British Empire, the government of Guyana published the 1966 Constitution, which permits freedom of expression in Article 3. This right was further protected in Article 40 of the 1980 Constitution of the Co-operative Republic of Guyana, which is still held today.
References:
English text of the Constitution of 1966, 630 (2011) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgy0002&id=2&men_tab=srchresults
English text of the Constitution of 1980, 26 (2011) https://heinonline.org/HOL/Page?handle=hein.cow/zzgy0004&id=26&collection=cow&index= +
Haiti’s establishment of independence from France following the Haitian Revolution manifested in the 1806 Constitution. Revised in 1816, the Constitution stated, “No one can be hindered from telling, writing or publishing his opinions.” This tradition continued through the 19th and 20th century, with the 1987 Constitution of the Republic of Haiti stating that all Haitains have the right to express opinions, and censorship is only allowed in times of war. Following the regime changes in the 2020s, there are circulating Draft Constitutions of the Independent Advisory Committee.
References:
English Translation of the French Text of the Constitution of 1806, as Amended to 1816, 64 (2014) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzht0060&id=3&men_tab=srchresults
English original text of the Constitution of 1987, 8 (2017) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzht0028&id=9&men_tab=srchresults +
Honduras first protected freedom of expression in Article 99 of the 1848 Constitution. Notably, it granted this right to both citizens and inhabitants. The 1865 Constitution continued to protect this right, but added the stipulation that “writing injurious to particular persons cannot be published unless subscribed by the author, and with the publication of his name.” Article 85 of the constitution written in 1965 cements the freedom of expression. In 1969 Honduras signed the American Convention on Human Rights, which asserted freedom of expression.
References:
English translation of the Spanish original text of the Constitution of 1848, 1103 (2010) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzhn0003&id=18&men_tab=srchresults
English translation of the Spanish original text of the Constitution of 1865, 303 (2010) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzhn0004&id=17&men_tab=srchresults
Amos J.; Xydis Peaslee, Dorothy Peaslee. Constitutions of Nations, 3 https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/conatio0004&id=861&men_tab=srchresults
“Basic Documents - American Declaration - Cidh.oas.org.” 2022. Accessed October 31. https://www.cidh.oas.org/Basicos/English/Basic2.American%20Declaration.htm. +
Hungary’s declaration of independence in 1791 included freedom of expression through the press in Article 1 of Law 18. During its time as a Communist nation, it granted freedom of press, speech, and assembly — but not explicitly expression. The current Fundamental Law of Hungary guarantees freedom of expression in Article 9.
References:
Herbert F. Wright. Constitutions of the States at War 1914-1918 (1919). https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/stwar0001&id=41&men_tab=srchresults
English translation of the Hungarian original text of the Constitution of 1949, 669 (2013) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzhu0045&id=12&men_tab=srchresults
English translation of the Hungarian original text of the Constitution of 2011, 8 (2012) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzhu0016&id=9&men_tab=srchresults +
The 54th Article of the 1874 Constitutional Law for the Special Affairs of Iceland guaranteed freedom of opinion in print. Interestingly, it also stipulated that no restrictive measures or attempts at censorship “can ever be introduced.” Thus, the 1944 Constitution of the Republic of Iceland still protects this freedom and restricts attempts to undo it.
References:
British and Foreign State Papers (1873-1874). https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0065&id=1005&men_tab=srchresults
British and Foreign State Papers (1943-1945). https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0145&id=614&men_tab=srchresults +
The Constitution of India Bill (also referred to as the Swaraj Bill) codified in 1895 was the first to protect freedom of expression.
Following independence from Britain, India created its draft constitution in 1948, which was the first document to grant Indians freedom of speech and expression. This right was reaffirmed in the 1949/50 Constitution.
References:
“Constitution of India.” 2015. CAD. June. https://www.constitutionofindia.net/historical_constitutions/the_constitution_of_india_bill__unknown__1895__1st%20January%201895#:~:text=The%20Constitution%20of%20India%20Bill%201895%2C%20also%20referred%20to%20as,albeit%20within%20the%20British%20Empire.
English original text of the Draft Constitution of 1948, 652 (2011) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzin0011&id=4&men_tab=srchresults
English original text of the Constitution of 1949, 39 (2011) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzin0012&id=6&men_tab=srchresults +
The 1964 Provisional Constitution of the Republic of Indonesia guaranteed freedom of expression to all in Article 19.
References:
R.; Jones Supomo, Garth N., Translator. Provisional Constitution of the Republic of Indonesia (1964) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/proconindo0001&id=29&men_tab=srchresults +
Article 18 of the Supplementary Constitutional Law of 7 October 1907 reads: "The acquisition and study of arts, letters and sciences is free, except in so far as they are forbidden by the Sheri." Article 20 of the same document states: "All publications, except heretical works containing matter harmful to the religion of Islam, are free, and are exempt from
censureship. Whenever anything contrary to the law of the press is found in them, the publisher or author will be punished in accordance with that law. If the author is well known and resident in Persia, the publisher, printer and distributor shall be secured from any action being brought against them."
References:
Wright, Herbert F. Constitutions of the States at War 1914-1918 . Washington, U.S. Govt. Print. Off.: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/stwar0001&id=499&men_tab=srchresults# +
Article 12 of Iraq’s 1925 Constitution protected freedom of expression: “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”.
Article 38 of the 2005 Iraq Constitution states that "The State shall guarantee in a way that does not violate public order and morality ... [f]reedom of expression using all means"
References:
Iraq 1925 Constitution: https://constitution.org/1-Constitution/cons/iraq/iraqiconst19250321.html
https://www.constituteproject.org/constitution/Iraq_2005 +
Israel is one of the few countries in the world that lacks an official written constitution. Multiple attempts have been made as early as 1948 but none have successfully drafted and implemented a formal constitution. Instead, Israeli leaders enacted several pieces of legislation known as the Basic Laws, or Knessets, eleven of which have passed. This has led to multiple changes in “constitutional” legislature from the first Knesset in 1958 to the final two Basic Laws enacted in 1992. Interestingly enough, the Basic Laws that were typically considered to hold constitutional weight, weren’t formally entrenched as laws that supersede common legislature until 1995(2020).
Under these Basic Laws, there is no official guarantee of the protection of freedom of expression. Instead, the Israeli Supreme Court has largely dictated the extent of the right to freedom of expression (Levush, 2019). In Alan Levi And Yaheli Amit v. Southern District Police Commander (1984), the Supreme Court ruled that “The right of demonstration and procession is a fundamental human right in Israel. It is recognized along with free speech, or emanating therefrom - as belonging to the freedoms that characterize Israel as a democratic state.”
However, there are limitations on the freedom of expression should any acts of expression “that constitutes incitement for racism, terrorism and violence; outrage to religious feelings; publication of false news causing fear and alarm; as well as expression of denial of the holocaust and praise for atrocities committed by the Nazis.” (Levush, 2019) Insults to public servants are also punishable by law and result in imprisonment for six months. Furthermore, it is expected that courts balance competing interests when discerning the extent to which the freedom of expression encroaches on other rights that embody the Israeli state(Levush, 2019).
Sources:
2020. Knesset.gov.il. 2020. https://knesset.gov.il/constitution/ConstIntro_eng.htm.
Levush, Ruth. 2019. “Limits on Freedom of Expression.” Maint.loc.gov. June 1, 2019. https://maint.loc.gov/law/help/freedom-expression/israel.php.
“Israel 1958 (Rev. 2013) Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Israel_2013.
Alevi, Alan, Yaheli Amit, Alan Levi, and D Levin. n.d. “393 Police Ordinance (New Version), 1971, Sections 83, 84 Press Ordinance.” Southern District Police Commander 1 P.D 38, no. 2: 1214. Accessed June 7, 2024. https://versa.cardozo.yu.edu/sites/default/files/upload/opinions/Levi%20v.%2 Southern%20District%20Police%20Commander_0.pdf.
Italy first ratified the Constitution of the Italian Republic in 1947 and it was officially law on January 1, 1948. Article 2 expressly guarantees inviolable rights, including freedom of expression, to any person “both as an individual and in the social groups where human personality is expressed.” Article 21 addresses the freedom of expression in the first line, “Anyone has the right to freely express their thoughts in speech, writing, or any other form of communication,” and includes the right for the press to be protected from authorisation and censorship. Article 21 also includes certain limitations of freedom of expression deeming “Publications, performances, and other exhibits offensive to public morality shall be prohibited,” and that measures to ensure this prohibition “shall be established by law.”
Sources:
“Italy 1947 (Rev. 2012) Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Italy_2012. +
According to the Preamble of the 1960 Constitution of the Republic of Cote d'Ivoire, "The People of Cote d'Ivoire proclaim their adherence to the principles of Democracy and of the Rights of Man, as they have been defined by the Declaration of the Rights of Man and of the Citizen of 1789, by the Universal Declaration of 1948, and as they are guaranteed by this Constitution." Articles 9 & 10 of the 2000 Constitution of the Republic of Cote d'Ivoire was more definitive. Article 9 held that: "The freedom of thought and of expression, notably the freedom of conscience, of religious or philosophical opinion are guaranteed to all, under reserve of respect of the law, of the rights of others, of the national security and of the public order." Article 10 was both explicit about freedom of expression: "Each has the right to express and to freely disseminate their ideas. All propaganda having for [its] object or for [its] effect to make one social group prevail over another, or to encourage racial or religious hatred is prohibited." This last prohibition on propaganda intended to divide groups with the society was very similar to a like prohibition in the 1960 Constitution.
References:
English translation of the French original text of the Constitution of 1960
Title I: Of the State and of Sovereignty," Constitution of the Republic of Cote d'Ivoire 3 November 1960 (1960): 3-4.
English translation of the French original text of the Constitution of 2000. "Chapter I: Of the Freedoms and of the Rights," Constitution of the Republic of Cote d'Ivoire 1 August 2000 (2000): 3-5 +
Article 22 of the 1960 Jamaica Constitution protects freedom of expression.
References:
English original text of the Constitution of 1962 820 (2011)
Chapter III: Fundamental Rights and Freedoms: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzjm0004&id=15&men_tab=srchresults +
Article 29 of the 1889 Japan Constitution stated: "Japanese subjects shall within the limits of the law, enjoy the liberty of speech, writing, publication, public meeting and association."
Article 21 of Japan's 1947 Constitution guaranteed the right more broadly: "Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed."
References:
1889 Japan Constitution: https://constituteproject.org/constitution/Japan_1889
1946 Japan Constitution: https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html +
Jordan has had a single constitution for almost the entirety of their independence. The Constitution of the Hashemite Kingdom of Jordan was enacted in 1952 and in article 15 of Chapter 2 it states “The State shall guarantee freedom of opinion; and every Jordanian shall freely express his opinion by speech, writing, photography and the other means of expression, provided that he does not go beyond the limits of the law.”
Sources:
“Jordan 1952 (Rev. 2016) Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Jordan_2016. +
Article 10 of the 1993 Kazakhstan Constitution states: "A citizen of the Republic shall have the right to freedom of speech, creed and their free expression. Nobody can be forced to express his views or be persecuted for having convictions."
References:
"The Constitution of the Republic of Kazakhstan," International Legal Perspectives 5, no. 1 (1993): 111 +
Freedom of expression is protected in Kenya’s first Constitution, which was ratified in 1963. Chapter II Article 14b states that “Whereas every person in Kenya is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, tribe, place of origin or residence or other local connexion, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely: …freedom of conscience, of expression and of assembly and association…”. This is further elaborated in Article 23(1): "Except with his own consent, 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 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."
Article 24(2) of the 1963 Constitution articulated the grounds for potential exception, or considerations relevant to conflict among rights and/or laws relevant to freedom of expression:
"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—
(a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health; or
(b) that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, pre- venting the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting or television; or
(c) that imposes restrictions upon public officers,
and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society."
The language found in Articles 14(b) and 23(1) of the 1963 Constitutions is repeated in Articles 70 and 79(1) of the the 1969 Constitution. The language from 23(2) of the 1963 Constitution is also repeated in Article 79(2) of the 1969 Constitution, but further points are added to Article 79(2) of the 1969 Constitution.
References:
1963 Constitution of Kenya: http://kenyalaw.org/kl/fileadmin/pdfdownloads/1963_Constitution.pdf
1969 Constitution of Kenya: https://repository.kippra.or.ke/bitstream/handle/123456789/2324/THE%20CONSTITUTION%20OF%20KENYA%20ACT%201969%20No%205.%20of%201969.pdf?sequence=1
The Kingdom of the Netherlands gained its independence in 1813 and established their constitution in 1814. Article 7, Chapter 1 of the Constitution of the Kingdom of the Netherlands describes freedom of expression, 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. Rules concerning radio and television shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a radio or television broadcast. No one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of performances open to persons younger than sixteen years of age may be regulated by Act of Parliament in order to protect good morals. The preceding paragraphs do not apply to commercial advertising.”
Sources:
“Netherlands 1814 (Rev. 2008) Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Netherlands_2008. +
Kiribati gained its independence in 1979 which led to the creation of the Constitution of Kiribati that same year. Chapter II guarantees the protection of different fundamental rights and freedoms with the “freedom of conscience, of expression and of assembly and association” being listed as the second line of fundamental rights.
Sources:
“Kiribati 1979 (Rev. 2013) Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Kiribati_2013. +
Kuwait’s 1962 Constitution grants “freedom of opinion and scientific research” in Article 36. Prior Orders of Council did not explicitly grant these freedoms.
References:
English original text of the Constitution of 1962, 13 (2009) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzkw0002&id=13&men_tab=srchresults +