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The Moldovan constitutional history is somewhat complex considering its historical association with the Soviet Union as a constituent of the USSR. In 1941, the Moldavian Socialist Republic adopted their first official constitution based on the 1936 Soviet Constitution. In Chapter X, Article 125 of the 1936 Soviet Constitution guarantees citizens of the U.S.S.R. “Freedom of speech; Freedom of the Press; Freedom of assembly and holding mass meetings; Freedom of street processions and demonstrations.” These rights were likely to have been the earliest official assertion of rights and liberties in the Moldavian Socialist Republic Constitution .
Sources:
“Constitutional History of Moldova.” n.d. ConstitutionNet. https://constitutionnet.org/country/moldova.
Was not able to get a citation: https://www.marxists.org/history/ussr/government/constitution/1936/1936-constitution.pdf +
In Monaco's original 1911 Constitution, Title II guaranteed several rights to be protected by the constitution. Article 10, Title II declares “Liberty of religion and of its public exercise, as well as freedom to express opinions on all matters, are guaranteed, except that offenses committed on the occasion of the use of these liberties may be suppressed.”
Sources:
“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 7, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=cow&handle=hein.beal/connat0 002&id=475&men_tab=srchresults. +
According to Chapter 1, Article 3(g) of the 1924 Constitution of the Mongolian People's Republic, "In order to secure for the toilers real freedom for the expression of their opinions, the Mongolian People's Republic organises the press and transfers it to the labouring people."
Article 85 of the 1940 Constitution of the Mongol People's Republic refers specifically to several freedoms associated with expression: "In conformity with the interests of the workers, and in order to develop and strengthen the state system of the Mongol People's Republic, citizens of the Mongol People's Republic are guaranteed by law: (1) Freedom of speech (2) Freedom of the press (3) Freedom of assembly and meetings (4) Freedom of street processions and demonstrations."
Article 16, Section 16 of the 1992 Constitution of Mongolia states: "Freedom of thought, opinion and expression, speech, press, assembly and peaceful demonstration. Procedures for organizing demonstrations and other assemblies shall be determined by law."
References:
1924 Constitution of the Mongolian People's Republic: British and Foreign State Papers (1931)
https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0134&id=1244&men_tab=srchresults
1940 Constitution of the Mongol People's Republic: Peaslee Amos J. Constitutions of Nations. Concord, Rumford Press (1950).
https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.beal/connat0002&id=494&men_tab=srchresults
1992 Constitution of Mongolia: "Chapter Two: Human Rights and Freedoms," VI. The Constitution of Mongolia (1992): 73-76
https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzmn0003&id=6&men_tab=srchresults +
The Principality of Montenegro’s 1905 Constitution states in Article 209 that “every Montenegrin citizen has the right, within the limits of the law, to manifest his ideas by speech, writing, the press, and engraving.” After the breakup of Yugoslavia, the 1992 Constitution of the now Republic of Montenegro in Article 34 specifies freedom of expression in terms of national identity, language, culture, affiliation, and opinion. Articles 67, 68, and 69 guarantee the right to express ethnic identity, language, and symbols. Further, Article 47 of the 2007 Constitution grants the “right to freedom of expression by speech, writing, picture or in some other manner. The right to freedom of expression may be limited only by the right of others to dignity, reputation and honor and if it threatens public morality or the security of Montenegro.”
References:
Constitution of the Principality of Montenegro, 1905. H.F. Wright (1919). World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmb0013&i=1
Constitution of the Republic of Montenegro, 1992. World Constitutions Illustrated, HeinOnline:https://heinonline.org/HOL/Page?handle=hein.cow/zzmb0008&id=11&collection=cow&index=
Constitution of the Republic of Montenegro, 2007. Venice Commission (consulted 2017), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmb0017&i=1 +
Morocco’s 1962 Constitution, which was adopted 6 years after its independence from France (ConstitutionNet), guarantees the right to all forms of freedom of expression in Article 9 and that there will be “no limitation in the exercise of these freedoms may be imposed except by law.” The 2011 Constitution resulting from the Arab Spring omits this limitation in its mention of freedom of expression in Article 25.
References:
ConstitutionNet. Constitutional History of Morocco, (Accessed 7 June, 2024): https://constitutionnet.org/country/morocco
Constitution of the Kingdom of Morocco, 1962. A.J. Peaslee and D.P. Xydis (1965), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzma0011&i=1
Constitution of the Kingdom of Morocco, 2011. HeinOnline (2011), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzma0046&i=1 +
Article 27 of the 1975 Constitution of Mozambique, adopted the year after its independence from Portugal, realizes the right to freedom of opinion, and Article 40 Section H sanctions the suspension of the right if necessary during a state of siege or emergency. The 1990 Constitution specifically mentions freedom of expression in Article 74 and amends the limitation clause to have the right regulated “based on the necessary respect for the Constitution, for the dignity of the human person, and for the mandates of foreign policy and national defense.” The 1990 Constitution keeps the same language of freedom of expression, but Articles 286 and 287 detailing the rights limited during a state of emergency does not mention freedom of expression.
References:
Constitution of the People’s Republic of Mozambique, 1975. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmz0011&i=1
Constitution of Mozambique, 1990. AIM (1991). World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmz0006&i=1 +
The 1935 Government of Burma Act mentions the right to freedom of speech in the Legislature in Article 27. The 1947 Constitution details freedom of expression in Article 17(i), though Article 28 states “The Parliament may by law determine to what extent any of the rights guaranteed by this Chapter shall be restricted or abrogated for the members of the Defence Forces or of the Forces charged with the maintenance of public order so as to ensure fulfillment of their duties and the maintenance of discipline.” Similar sentiment is echoed in the 2008 Constitution, giving citizens the right to freedom of expression “if not contrary to the laws, enacted for Union security, prevalence of law and order, community peace and tranquility or public order and morality.”
References:
Government of Burma Act, 1935. HMSO (1935). World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmm0015&i=1
Constitution of the Union of Burma, 1947: A.J. Peaslee (1950 and 1956), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmm0014&i=1
Constitution of the Republic of the Union of Myanmar, 2008. Ministry of Information (consulted 2009), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmm0002&i=1 +
Article 21 of the 1990 Constitution of the Republic of Namibia guarantees in Article 21 freedom of expression, speech, and media. The right can be limited however, without discrimination, in the interests of security, public order, morality, decency of Namibia.
References:
Constitution of the Republic of Namibia, 1990. Government of Namibia (consulted 2009), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/COWShow?collection=cow&cow_id=286 +
The Constitution of Nauru, enacted in 1968 promises in Article 12 the freedom of expression and in Article 12 Section 3a only limits the right if it is “reasonably required” in the interests of public defense, safety, security, health, and morality.
References:
Constitution of Nauru, 1968. Government of Nauru (consulted 2009), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zznr0001&i=1 +
The 1948 Constitution of Nepal grants citizens the right to freedom of speech in Article 4. This was amended in the 1959 Constitution in Article 7a to freedom of speech and expression, and then amended again in the 2007 Interim Constitution of Nepal in Article 13 Section 3a to freedom of opinion and expression. The 2015 Constitution is consistent with the wording in 2007.
References:
Constitution of Nepal, 1948. British and Foreign State Papers (1956), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zznp0020&i=1
Constitution of the Kingdom of Nepal, 1959. Government, ConstitutionNet (consulted 2018), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zznp0017&i=1
Interim Constitution of Nepal, 2007. Supreme Court, World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zznp0001&i=1
Constitution of Nepal, 2015. Embassy of Nepal to Germany (consulted 2016), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zznp0004&i=1 +
New Zealand does not have a written constitution, as stated by the Governor-General of New Zealand: “New Zealand's constitution is not found in one document. Instead, it has a number of sources, including crucial pieces of legislation, several legal documents, common law derived from court decisions as well as established constitutional practices known as conventions.” The Imperial Laws Application Act of 1988 incorporated British constitutional legislation created prior to colonization of New Zealand into New Zealand law. As such, the oldest mention of freedom of expression with this application appears in the British 1688 Bill of Rights referring to freedom of speech (Office of the Governor-General of New Zealand). It specifically stated as freedom of expression in Article 14 of New Zealand’s 1990 Bill of Rights, a distinguished and elevated constitutional document in the country (New Zealand Parliament, 30 June 2017). The 1987 Maori Language Act additionally details freedom of expression specifically in terms of Maori national identity and language.
References:
Maori Language Act, 1987, Parliamentary Council Office (consulted 2016), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zznz0168&i=1
New Zealand Bill of Rights, 1688. Parliamentary Council Office (consulted 2013), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zznz0255&i=1
New Zealand Bill of Rights Act, 1990. Parliamentary Council Office (consulted 2016), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zznz0133&i=1
New Zealand Parliament. “New Zealand’s First Constitution Act Passed 165 Years Ago,” 30 June 2017: https://www.parliament.nz/en/get-involved/features/new-zealand-s-first-constitution-act-passed-165-years-ago/
Office of the Governor-General of New Zealand. “New Zealand’s Constitution,” Accessed 7 June 2024: https://gg.govt.nz/office-governor-general/roles-and-functions-governor-general/constitutional-role/constitution/constitution
The 1826 Constitution of Nicaragua expresses in Article 29 that “freedom of speech, of writing and of the press, is one of the first and most sacred rights of Nicaraguans. The Law may not prohibit it, or subject it to prior censorship, for any cause or pretext.” The 1838 Constitution, enacted after Nicaragua became an independent republic, details freedom of expression in Article 29 with specific mention of citizens “being responsible before the law for abusing this liberty.” Article 21 of the 1974 Constitution, enacted after the Nicaraguan Revolution additionally grants freedom of expression, but with multiple limitations by law if necessary for national security, order, public health, and dignity, or for the national economy. The 1987 Constitution, which is Nicaragua’s most recent Constitution, protects freedom of expression in Article 30, and specifically indigenous cultural expression in Article 90. Article 186 states the freedoms which the government can suspend in a state of emergency; Article 90 can not be suspended but Article 30 is not mentioned.
References:
Constitution of the State of Nicaragua, 1826. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzni0038&i=1
Political Constitution of the Free State of Nicaragua, 1838. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzni0040&i=1
Constitution of the Republic of Nicaragua, 1972. PAU/OAS, World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzni0032&i=1
Political Constitution of the Republic of Nicaragua, 1987. National Assembly (1989), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzni0022&i=1 +
Niger’s 1959 Constitution following its independence from France does not have a section for rights, but states in the Preamble: “The People of Niger solemnly reaffirm their attachment to the principles of democracy and to the rights and liberties of man, specified in the Historical Declaration of 1789 and guaranteed by the Constitution of the Community.” This refers to the French Declaration of the Rights of Man and of the Citizen, which proclaims the freedom of opinion in Articles 10 and 11 of Lafayette’s original draft (American Battlefield Trust). The Declaration was later revised and completed most prominently by Emmanuel-Joseph Sieyes, but its emphasis on freedom of expression was maintained (Mark, 2022). The 1960 Constitution of Niger similarly states that the rights professed in the Declaration of the Rights of Man and of the Citizen are protected in its Constitution. The 1989 Constitution, however, does gain a section for rights and protects opinion, thought, and expression “exercised within respect for the laws and regulations in force” in Article 13. The 1992 Constitution changes this part slightly and protects expression “exercised within respect for the public order, for social peace, and for national unity” in Article 24.
References:
Constitution of Niger, 1959. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzne0010&i=1
Constitution of Niger, 1989. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzne0013&i=1
Constitution of Niger, 1992. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzne0014&i=1
Lafayette's Draft of the Declaration of the Rights of Man and of the Citizen. American Battlefield Trust, Accessed 7 June 2024:
https://www.battlefields.org/learn/primary-sources/lafayettes-draft-declaration-rights-man-and-citizen
Mark, Harrison. “Declaration of the Rights of Man and of the Citizen” World History Encyclopedia, 8 June, 2022: https://www.worldhistory.org/article/2012/declaration-of-the-rights-of-man-and-of-the-citize/
“The text of the Declaration of the Rights of Man and of the Citizen, written in 1789, translated into English.” Digital Public Library of America, Accessed 7 June, 2024: https://dp.la/primary-source-sets/declaration-of-the-rights-of-man-and-of-the-citizen/sources/889
Article 24 of the 1960 Constitution of Nigeria, created after its independence, entitles citizens to the right of freedom of expression. Section 2a of this Article states that this freedom can only be limited if it is “reasonably justifiable” in “the interest of defense, public safety, public order, public morality or public health.” This wording is consistent through Nigeria’s 1999 Constitution.
References:
Constitution of Federation of Nigeria, 1960. National Assembly (2010), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzng0011&i=1
Constitution of the Federal Republic of Nigeria, 1999. Comparative Constitutions Project (2009), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzng0020&i=1 +
Article 13 of North Korea’s 1948 Constitution grants citizens “freedom of opinion, publication, assembly, and freedom to form associations, or participate in public demonstrations” and the freedom to join a variety of social, political, and economic organizations.
References:
Constitution of the Democratic People’s Republic of Korea, 1948. Central Intelligence Agency (1951), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/COWShow?collection=cow&cow_id=310 +
The 1991 Constitution of the Republic of Macedonia, enacted after the breakup of Yugoslavia, protects the “free expression of national identity” in Article 8 and free thought and public expression in Article 16.
References:
Constitution of the Republic of Macedonia, 1991. Government of North Macedonia (1991), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmk0010&i=1 +
Article 100 of Norway’s 1814 Constitution states, “It is allowed everybody freely to deliver his opinions of government or any other subject.” Nearly 200 years later in 2004, Article 100 was amended and lengthened providing an elaborate definition of freedom of expression:
“There shall be freedom of expression. No one 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. Everyone shall be free to speak their mind frankly on the administration of the State and on any other subject whatsoever. Clearly defined limitations to this right may only be imposed when particularly weighty considerations so justify in relation to the grounds for freedom of expression.”
According to the Norwegian Commission for Freedom of Expression Report, the new Article 100 was “built on the legal developments associated with Article 10 of the European Human Rights Convention (ECHR).”
References:
Rieber-Mohn, Thomas. “Proposed Amendments to Article 100 of the Norwegian Constitution (Freedom of Expression)” IRIS Merlin (2004): https://merlin.obs.coe.int/article/3198
Norwegian Commission for Freedom of Expression Report, 2022. Norwegian Ministry of Culture and Equality: https://www.regjeringen.no/contentassets/753af2a75c21435795cd21bc86faeb2d/en-gb/pdfs/nou202220220009000engpdfs.pdf
Constitution of the Kingdom of Norway, 1814. Norwegian Government (1814), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/COWShow?collection=cow&cow_id=312 +
The 1996 Basic Statute of the State of Oman guarantees the freedom of expression and opinion through a variety of methods including oral and written within the limits of the law. The state of emergency provisions of the Statute does not mention any limitations of freedom of expression.
References:
Basic Statute of the State of Oman, 1996. Government of Oman, World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzom0002&i=1 +
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Palau’s 1981 Constitution was enacted prior to its termination as part of the Trust Territory of the Pacific Islands administered by the United States. In Article 4 Section 2 of the Constitution, freedom of expression and press are protected. The Article goes on to specify that “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.” The 1981 Constitution and its rights provisions were maintained when Palau became independent and known as the Republic of Palau.
References:
Republic of Palau. U.S. Department of the Interior, Accessed 7 June 2024: https://www.doi.gov/oia/islands/palau
Constitution of the Republic of Palau, 1981. Senate, World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzpu0001&i=1 +