Freedom of the Press
What is the oldest source in any country that mentions this right? + create
What historical forces or events, if any, contributed to a widespread belief in its importance? 🖉 edit
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).
What is the oldest written source in this country that mentions this right?
Afghanistan 🖉 edit
Article 31 of the 1964 Afghanistan 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 Afghanistan Constitution (Constitute Project, “Afghanistan’s Constitution of 2004”).
References:
1964 Afghanistan Constitution: https://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=1005&context=afghanenglish
2004 Afghanistan Constitution: https://www.constituteproject.org/constitution/Afghanistan_2004?%20lang=en
Albania 🖉 edit
According to Article 197 of the 1928 Fundamental Statute of the Kingdom of Albania: "Freedom of speech and of the press is guaranteed, and a censorship may not be instituted, except in case of war mobilisation or other extraordinary event defined by the law. The regulation of the press, the confiscation of press matter and the prosecution of the press are determined by law."
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” (“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”).
References:
1928 Fundamental Statute of the Kingdom of Albania: https://www.hoelseth.com/royalty/albania/albconst19281201.html
Albania Constitution (1976): https://data.globalcit.eu/NationalDB/docs/ALB%20The%20Constitution%20of%20the%20Peoples%20Socialist%20Republic%20of%20Albania%201976.pdf
Albania Constitution (1998): https://www.constituteproject.org/constitution/Albania_2016?lang=en.
Algeria 🖉 edit
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, 1963).
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”).
References:
“The Algerian Constitution.” The Middle East journal 17, no. 4 (1963): 446–450.
“Algeria 2020 Constitution.” Constitute. Accessed September 14, 2022. https://www.constituteproject.org/constitution/Algeria_2020?lang=en.
Andorra 🖉 edit
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”).
https://www.constituteproject.org/constitution/Andorra_1993?lang=en.
Angola 🖉 edit
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” (“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”).
References:
1992 Angola Constitution: https://constitutionnet.org/sites/default/files/Angola%20Constitution.pdf
2010 Angola Constitution: https://www.constituteproject.org/constitution/Angola_2010
Antigua and Barbuda 🖉 edit
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”).
References:
“Republic of Antigua and Barbuda / República Del Antigua y Barbuda Constitution of 1981 Constituciones De 1981.” Antigua and Barbuda: Constitution, 1981: https://pdba.georgetown.edu/Constitutions/Antigua/antigua-barbuda.html.
Argentina 🖉 edit
According to Article 161 of the 1826 Argentina Constitution, "The liberty of publishing his ideas through the medium of the Press, which is a right as valuable to Man, as it is essential to the preservation of civil liberty, shall be fully guaranteed by the Laws"
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”).
References:
Constitution of the Argentine Republic, 1826, English translation of the original Constitution of 1826. 956 (2010) Section VIII: General Regulations: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzar0004&id=15&collection=cow&index=
“Argentina 1853 (Reinst. 1983, Rev. 1994) Constitution.” Constitute: https://www.constituteproject.org/constitution/Argentina_1994?lang=en
Armenia 🖉 edit
The 1990 Declaration of Independence of Armenia guaranteed freedom of the press. Article 24 of the 1995 Constitution of Armenia asserted freedoms relevant to freedom of the press: "Everyone is entitled to assert his or her opinion. No one shall be forced to retract or change his or her opinion. Everyone is entitled to freedom of speech, including the freedom to seek, receive and disseminate information and ideas through any medium of information, regardless of state borders." After amendment in 2005, additional language relevant to freedom of the press was added to the Constitution of Armenia: "Freedom of mass media and other means of mass information shall be guaranteed. The state shall guarantee the existence and activities of an independent and public radio and television service offering a variety of informational, cultural and entertaining programs." Article 42 of the Constitution of Armenia after amendment in 2015 state the right explicitly: "The freedom of the press, radio, television and other means of information shall be guaranteed. The State shall guarantee the activities of independent public television and radio offering diversity of informational, educational, cultural and entertainment programmes."
References:
Armenian Declaration of Independence: https://www.gov.am/en/independence/
"Constitution of the Republic of Armenia" (1995): http://www.parliament.am/legislation.php?sel=show&ID=2425&lang=eng
"Constitution of the Republic of Armenia (with the Amendments of 27 November 2005)": http://www.parliament.am/legislation.php?sel=show&ID=1&lang=eng
"Amendments to the Constitution of the Republic of Armenia" (2015): http://www.parliament.am/legislation.php?sel=show&ID=5805&lang=eng
Australia 🖉 edit
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).
References:
“Freedom of Information, Opinion and Expression.” The Australian Human Rights Commission: https://humanrights.gov.au/our-work/rights-and-freedoms/freedom-information-opinion-and-expression
Austria 🖉 edit
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).
References:
1867 Basic Law: https://www.servat.unibe.ch/icl/au03000_.html
Azerbaijan 🖉 edit
Article 50 of the Azerbaijan 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”).
References:
“Azerbaijan 1995 (rev. 2016).” Constitute. https://www.constituteproject.org/constitution/Azerbaijan_2016
Blaustein, Albert P., and Gisbert H. Flanz. Constitutions of the Countries of the World; a Series of Updated Texts, Constitutional Chronologies and Annotated Bibliographies. "Azerbaijan Republic, Booklet 2, 1996" Permanent ed. Dobbs Ferry, N.Y: Oceana Publications, 1971.
The Bahamas 🖉 edit
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 🖉 edit
Article 24 of the 1973 Bahrain Constitution states that “Freedom of the press, printing and publication shall be guaranteed in accordance with the conditions and procedure specified by the law.”
References:
“Bahrain Old Constitution (1973).” International Constitutional Law Project: https://www.servat.unibe.ch/icl/ba01000_.html
Bangladesh 🖉 edit
Article 39 of the 1972 Bangladesh Constitution states that “(1) Freedom or thought and conscience is guaranteed. (2) Subject to any reasonable restrictions imposed by law in the interests of the security of the State, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence-(a) the right of every citizen of freedom of speech and expression; and freedom of the press, are guaranteed."
References:
http://hrlibrary.umn.edu/research/bangladesh-constitution.pdf
Barbados 🖉 edit
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”).
References:
https://pdba.georgetown.edu/Constitutions/Barbados/barbados66.html
Belarus 🖉 edit
Article 33 of Belarus’s 1994 Constitution bans censorship and mass media monopolies, whether state mass media monopolies or otherwise
References:
1994 Constitution of the Republic of Belarus: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzby0006&id=4&men_tab=srchresults
1994 Constitution of the Republic of Belarus as amended in 1996: https://www.venice.coe.int/webforms/documents/?pdf=CDL(2003)065-e
Belgium 🖉 edit
Article 23 of the 27 October 1830 Draft Constitution of Belgium states that “The press is free. Censorship [la censure] should never be established, and cautioning of writers, editors or printers may not be demanded.” Article 18 of the 1831 Belgium Constitution guaranteed freedom of the press using similar language.
References:
English translation of the French text of the draft of the constitution of 27 October 1830 35 (2009): https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbe0096&id=5&men_tab=srchresults
1831 Constitution of Belgium: https://www.constituteproject.org/constitution/Belgium_1831
Belize 🖉 edit
While press freedom was not explicitly protected in the 1981 Constitution of Belize, it is reasonable to infer that the broadly drawn protections of freedom of expression encompass freedom of the press as well. The guarantee refers to the protection of communication generally, "whether the communication be to the public generally or to any person or class of persons." The exceptions that it offers are also suggestive of application to the press, in its reference to the potential for the coexistence of freedom of expression with law "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, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, regulating educational institutions in the interests of persons receiving instruction therein, or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting, television or other means of communication...."
References:
1981 Constitution of Belize: https://pdba.georgetown.edu/Constitutions/Belize/belize81.html
Benin 🖉 edit
Article 7 of the 1964 Constitution of the Republic of Dahomey guaranteed freedom of the press.
Benin protects freedom of the press under Article 24 of its 1990 Constitution: “Freedom of the press shall be recognised 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.”
References:
1964 Constitution of the Republic of Dahomey: English translation of the French original text fo the Constitution of 1964 152 (2011) Title II: The Rights and Duties of the Citizen: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbj0002&id=2&men_tab=srchresults
1990 Constitution of the Republic of Benin:
https://constitutionnet.org/sites/default/files/Benin%20Constitution%20-%20English%20Summary.pdf
Bhutan 🖉 edit
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”).
References:
Bhutan 2008 Constitution: https://www.constituteproject.org/constitution/Bhutan_2008
Bolivia 🖉 edit
Article 145 of the 1826 Draft Constitution for the Republic of Bolivia states: "Every Person may communicate his thoughts, verbally or in writing, or publish them through the medium of the Press, 'without previous censorship; but under the responsibility which the Law may determine." Furthermore, Article 59 of the 1826 Draft Constitution described as among the duties of the Chamber of Censors, "To protect the Liberty of the Press, and to appoint the Judges who are to decide in the last instance, upon the Judgments respecting it."
Protection of press freedom is detailed 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”).
References:
1826 Draft Constitution for the Republic of Bolivia: English text of the draft Constitution of 1826. 892 (2010) Title XI: Of Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbo0002&id=18&men_tab=srchresults
“Bolivia (Plurinational Republic of) 2009.” Constitute. https://www.constituteproject.org/constitution/Bolivia_2009
Bosnia and Herzegovina 🖉 edit
In the aftermath of the annexation of Bosnia and Herzegovina by the Austro-Hungarian Empire, the Imperial Government wrote a constitution for Bosnia and Herzegovina. The relationship between the two political entities was described in Section 1 of the 1910 Constitution of Bosnia and Herzegovina: "Bosnia and the Herzegovina constitute a separate and homogeneous administrative territory, which, in conformity with the Law of the 22nd February, 1880 ... is subject to the responsible administration and control of the Imperial and Royal Joint Ministry." According to Section 12 of the 1910 Constitution of Bosnia and Herzegovina, "The right to express his opinion freely, verbally, in writing, print, or illustration is granted to every individual, without prejudice to the legal regulations dealing with the abuse of this right. The censorship of the press is, and remains, abolished."
Bosnia and Herzegovina’s 2009 Constitution protects freedom of expression in general, but does not mention freedom of the press specifically. 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”).
References:
1910 Constitution of Bosnia and Herzegovina: British and Foreign State Papers (1912) https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0105&id=549&men_tab=srchresults#
“Bosnia and Herzegovina 1995 (Rev. 2009) Constitution.” Constitute. Accessed September 14, 2022. https://www.constituteproject.org/constitution/Bosnia_Herzegovina_2009?lang=en.
Office of the High Representative, “Law on Communications of Bosnia and Herzegovina”: https://www.ohr.int/ohr-dept/legal/laws-of-bih/pdf/011%20-%20PUBLIC%20INFORMATION/RTV-Communications/BH/HR%20DECISION%20ENACTING%20THE%20LAW%20ON%20COMMUNICATIONS%20OF%20BH%2052-02.pdf
Botswana 🖉 edit
While press freedom was not explicitly protected in the 1966 Constitution of Botswana, it is reasonable to infer that the broadly drawn protections of freedom of expression encompass freedom of the press as well. The guarantee refers to the protection of communication generally, "whether the communication be to the public generally or to any person or class of persons." The exceptions that it offers are also suggestive of application to the press, in its reference to the potential for the coexistence of freedom of expression with law "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, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, regulating educational institutions in the interests of persons receiving instruction therein, or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless, broadcasting or television: "
References:
1966 Constitution of Botswana: https://botswanalaws.com/consolidated-statutes/constitution-of-botswana
Brazil 🖉 edit
Article 179 of the 1824 Political Constitution of the Empire of Brazil stated: "All are permitted to communicate their thoughts by words, writings and by publications in print without dependence upon censorship, the while they must respond for the abuses they may commit in the exercise of this right, in the cases and manner to be determined by law."
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”).
References:
1824 Political Constitution of the Empire of Brazil : English original text of the Constitution of 1824 250 (2010) Title VIII: General Provisions and Guarantees of the Civil and Political Rights of Brazilian Citizens https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbr0040&id=14&men_tab=srchresults
1988 Brazil Constitution: https://constituteproject.org/constitution/Brazil_ 2017? lang=en
Brunei 🖉 edit
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”).
References:
1959 Constitution of Brunei Darussalam, with Revisions to 2006: https://www.constituteproject.org/constitution/Brunei_2006
Bulgaria 🖉 edit
The first mention of freedom of the press appeared in Article 79 of the 1879 Tarnovo Constitution: "The Press is free; no censorship can be instituted, and no caution can be required from authors, editors, or publishers. If the author be well known and resides within the Principality no action can be brought against the editor, the publisher, or the salesman." Article 80 offered a modification concerning certain religious texts: "Holy Scripture, prayer-book, and catechisms destined for use in the churches of the Orthodox rite, as also treatises of ecclesiastical law destined for use in Orthodox schools, have to be previously submitted to the approval of the Holy Synod."
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”).
References:
1879 Constitution of the Principality of Bulgaria: English translation of the Bulgarian original text of the Constitution of 1879 6 (2014) Chapter XII: The Subjects of the Principality of Bulgaria: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbg0031&id=7&men_tab=srchresults
1991 Bulgaria Constitution: https://www.constituteproject.org/constitution/Bulgaria_2015?lang=en.
Burkina Faso 🖉 edit
Article 13 of the 1970 Constitution of Upper Volta stated: "Citizens shall enjoy freedom of speech, press, assembly, association, procession and demonstration in the conditions laid down by law. The exercise of these rights shall be limited only by the freedom of others, security and public order"
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”).
References:
1970 Constitution of Upper Volta: "Title II: Fundamental Rights and Duties of Man and the Citizen," Constitution of Upper Volta (1970): 1006-1008 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbf0015&id=3&men_tab=srchresults
“Burkina Faso 1991 (Rev. 2012) Constitution.” https://www.constituteproject.org/constitution/Burkina_Faso_2012
Burundi 🖉 edit
According to Article 17 of the 1962 Constitution, "The press shall be free except for the restrictions instituted by law. Laws shall punish severely any attempt against the security of the State."
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).
References:
English translation of the Constitution of 1962, "Title II: Barundi and their Rights," Constitution of the Kingdom of Burundi : 20-21 https://heinonline-org.proxygw.wrlc.org/HOL/Pagecollection=cow&handle=hein.cow/zzbi0002&id=3&men_tab=srchresults
"Burundi 2005 Constitution": https://constituteproject.org/constitution/Burundi_2005
“Burundi 2018 Constitution.” Constitute. Last modified 2018. https://www.constituteproject.org/constitution/Burundi_2018?lang=en.
Cambodia 🖉 edit
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.”
According to Chapter III, Article 41 of the 1993 Cambodian Constitution: "Khmer citizens shall have freedom of expression, press, publication and assembly. No one shall exercise this right to infringe upon the rights of others, to affect the good traditions of the society, to violate public law and order and national security. The regime of the media shall be determined by law."
References:
1947 Cambodia Constitution: Advocatetanmoy Law Library. https://advocatetanmoy.com/wp-content/uploads/2022/06/cambodia-constitution-1947.pdf
1993 Cambodia Constitution as revised up to 1999: https://pressocm.gov.kh/en/archives/9539
Cameroon 🖉 edit
The 1961 Cameroon Constitution offered a general guarantee of those rights in the UDHR (of which one is freedom of the press): "The Federal Republic of Cameroon is democratic, secular and social. It shall ensure the equality of all citizens before the law. It affirms its adherence to the fundamental freedoms set out in the Universal Declaration of Human Rights and the Charter of the United Nations." However, the 1961 Constitution did not discuss the right to freedom of the press specifically. Freedom of the press is specifically guaranteed in the 1972 Cameroon Constitution: "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"
References:
1961 Constitution of Cameroon: https://condor.depaul.edu/mdelance/images/Pdfs/Federal%20Constitution%20of%20Cameroon.pdf
1972 Constitution of Cameroon as revised up to 2008: https://www.constituteproject.org/constitution/Cameroon_2008?lang=en
Canada 🖉 edit
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.”
References:
Constitution Act of 1982: https://laws-lois.justice.gc.ca/pdf/const_e.pdf
Cape Verde 🖉 edit
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”).
References:
Cape Verde's Constitution of 1980 with Amendments through 1992: https://www.constituteproject.org/constitution/Cape_Verde_1992
Central African Republic 🖉 edit
Article 13 of the 1994 Constitution stated "Freedom of the press is recognised and guaranteed. It is exercised within the conditions fixed by law. The exercise of this liberty and equal access for all to the medias of the state are assured by an independent organ, the status of which is fixed by law."
Article 15 of the current 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”).
References:
Constitution of the Central African Republic, Adopted on 28 December 1994, promulgated on 14 January 1995: https://g7plus.fd.uc.pt/pdfs/CentralAfricanRepublic.pdf
“Central African Republic 2016 Constitution.” Constitute. Last modified 2016. https://www.constituteproject.org/constitution/Central_African_Republic_2016
Chad 🖉 edit
Chad’s 1959 first protected freedom of the press under Article 5: “the press is free, whatever its mode of expression may be. The conditions of the exercise of the freedom of the press are determined by the law”
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).
References:
1959 Chad Constitution: "Title I: Of the State, of Sovereignty and of the Public Freedoms," Constitution of the Republic of Chad 31 March 1959 (1959): 3-4 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zztd0003&id=3&men_tab=srchresults
2018 Chad Constitution: https://www.constituteproject.org/constitution/Chad_2018?lang=en
Chile 🖉 edit
Chile originally protected freedom of the press under Article XXIII of its 1812 Provisional Constitutional Regulations: “The press will enjoy a legal liberty; and so that it does not generate a damaging [nociva] license concerning religion, customs and [the] honor of the citizens and of the country, regulations [reglas] will be prescribed by the Government and Senate.”
Today, Chapter III, Article 19 of Chile’s 1980 Constitution protects press freedom: “Freedom to express opinions and to inform, without prior censorship, in any form and by any means, notwithstanding the liability for crimes and abuses committed in the exercise of these freedoms, in accordance with the law, which shall be of qualified quorum. In no case may the law establish a state monopoly over the mass media.” (Constitute Project, “Chile's Constitution of 1980 with Amendments through 2021”).
References:
"Provisional Constitutional Regulation, 26/27 October 1812," Provisional Constitutional Regulation, 26/27 October 1812 (1812): 1-10: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzcl0108&id=9&men_tab=srchresults
1980 Chile Constitution with revisions up to 2021: https://www.constituteproject.org/constitution/Chile_2021
China 🖉 edit
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).
Four years later, the 1908 Memorial and Edict on Constitutional Government stated: "Officers and people who keep within the law will have freedom of speech, of the press, and of assembly."
Chapter III, Article 87 of China’s 1954 Constitution 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.” (Constitute Project, “China (People’s Republic of)'s Constitution of 1982 with Amendments through 2018”).
References:
Guo, Yi. “The Liminal Landscape.” In Freedom of the Press in China: A Conceptual History, 1831-1949, 87–116. Amsterdam University Press, 2020. https://doi.org/10.2307/j.ctv18zhcx6.9.
1908 Memorial and Edict on Constitutional Government: English translation of the Edict of 1908 191 (2012) Memorial and Edict on Constitutional Government, August 27, 1908 https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzcn0021&id=3&men_tab=srchresults
1954 Constitution of the People's Republic of China: https://ecommons.cornell.edu/server/api/core/bitstreams/f7bbb8b4-822c-467e-b51c-430e44430e4d/content
China (People’s Republic of) 1982 (rev. 2018): https://constituteproject.org/constitution/China_2018
Colombia 🖉 edit
The first legal reference to press freedom in Colombia arose in Title 1, Article 16 of Cundinamarca’s Departmental Constitution in 1811 (Biblioteca Virtual Miguel de Cervantes).
Article 156 of the 1821 Constitution of the Republic of Colombia protected freedom of the press: "All Colombians have the right of freely recording, printing, and publishing their thoughts and opinions, without the necessity of any examination, revision, or censorship, previous to publication. Those, however, who commit any abuse of this inestimable privilege, shall incur the punishments which they have deserved, conformably to the Laws."
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”).
References:
1811 Cundinamarca Departmental Constitution: Biblioteca Virtual Miguel de Cervantes https://www.cervantesvirtual.com/obra-visor/constitucion-de-cundinamarca-30-de-marzo-de-1811-y-promulgada-el-4-de-abril-de-1811--0/html/
1821 Constitution of the Republic of Colombia: English translation of the Spanish original text of the Constitution of 1821 718 (2009) Title VIII: General Regulations: https://heinonline.org/HOL/Page?handle=hein.cow/zzco0007&id=21&collection=cow&index=#
1991 Colombia Constitution (rev. 2015): https://constituteproject.org/constitution/Colombia_2015
Comoros 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
Under Article 15 of the 1992 Djibouti Constitution: "Each has the right to express and to disseminate freely their opinions by word, pen, and image. These rights may be limited by prescriptions in the law and in respect for the honor of others." (Constitute Project, “Djibouti's Constitution of 1992 with Amendments through 2010”).
References:
1992 Djibouti Constitution: Constitute Project, Djibouti's Constitution of 1992 with Amendments through 2010 https://www.constituteproject.org/constitution/Djibouti_2010?lang=en
Dominica 🖉 edit
Article 10 of the 1978 Constitution of Dominica protects the “freedom to receive ideas and information without interference, freedom to communicate ideas and information without interferences.” This is subject to several limitations, notably including those "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, preventing 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."
References:
1978 Constitution of Dominica: "Chapter I: Protection of Fundamental Rights and Freedoms," Commonwealth of Dominica Constitution Order, 1978 (1978): 2919-2934 https://heinonline-org.mutex.gmu.edu/HOL/Page?handle=hein.cow/zzdm0004&id=7&collection=cow&index=
Dominican Republic 🖉 edit
Article 18 of the 1821 Constitutive Act of the Provisional Government of the Independent State of the Spanish Part of Hayti stated: "The liberty of the Press shall subsist in its present state, subject to the formalities and punishments prescribed by the existing Laws, until others of a more suitable nature are promulgated."
According to Article 23 of the Dominican Republic’s 1844 Constitution: “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” [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”).
References:
1821 Constitutive Act of the Provisional Government of the Independent State of the Spanish Part of Hayti: English translation of the Constitution of 1821 557 (2010) Constitutive Act of the Provisional Government of the Independent State of the Spanish Part of Hayti https://heinonline-org.mutex.gmu.edu/HOL/Page?collection=cow&handle=hein.cow/zzdo0002&id=8&men_tab=srchresults
1844 Constitution of the Dominican Republic: Spanish orignal text of the Constitution of 1844 [3] (2012) Chapter II: Public Right of Dominicans https://heinonline-org.mutex.gmu.edu/HOL/Page?collection=cow&handle=hein.cow/zzdo0014&id=3&men_tab=srchresults
2015 Constitution of the Dominican Republic: https://heinonline-org.mutex.gmu.edu/HOL/Page collection=cow&handle=hein.cow/zzdo0014&id=3&men_tab=srchresults https://www.constituteproject.org/constitution/Dominican_Republic_2015
East Timor 🖉 edit
Section 41 of Timor-Leste’s 2002 Constitution protects press freedom: "1. Freedom of the press and other mass media is guaranteed. 2. Freedom of the press shall comprise, namely, the freedom of speech and creativity for journalists, the access to information sources, editorial freedom, protection of independence and professional confidentiality, and the right to create newspapers, publications and other means of broadcasting. 3. The monopoly on the mass media shall be prohibited. 4. The State shall guarantee the freedom and independence of the public mass media from political and economic powers. 5. The State shall guarantee the existence of a public radio and television service that is impartial in order to, inter-alia, protect and disseminate the culture and the traditional values of the Democratic Republic of East Timor and guarantee opportunities for the expression of different lines of opinion. 6. Radio and television stations shall operate only under a licence, in accordance with the law."
References:
2002. Constitution of the Democratic Republic of Timor-Leste. http://timor-leste.gov.tl/wp-content/uploads/2010/03/Constitution_RDTL_ENG.pdf.
Ecuador 🖉 edit
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”.
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”)
References:
1830 Constitution of Ecuador: English translation of the original Constitution of 1830. 15 (2017) Part VIII: Civil Rights and Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0081&id=15&men_tab=srchresults
2021. “Ecuador 2008 (Rev. 2021) Constitution.” 2021. ConstitutionNet. https://www.constituteproject.org/constitution/Ecuador_2021?lang=en.
Egypt 🖉 edit
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”).
References:
“Royal Decree No. 42 of 1923” 1923: https://constitutionnet.org/sites/default/files/1923_-_egyptian_constitution_english_1.pdf
https://www.constituteproject.org/constitution/Egypt_2019?lang=en
El Salvador 🖉 edit
Article 13 of the 1824 Constitution of the State of Salvador holds: "The people may not, by themselves, nor by any authority, be deprived of its Sovereignty; and may not exceed to it except in the primary elections, and exercising them according to the law. Furthermore, Salvadorans have the right of petition, and the freedom of [the] press to propose appropriate [utiles] measures, and to censure the conduct of the public functionaries in the exercise of their office [cargo] and to see to compliance with the laws."
Chapter 16, Section 73 of the 1841 Constitution of the State of Salvador reads: "Every citizen and inhabitant may freely express, write, and publish his opinion, without being subject to censorship, and with the sole condition of being answerable for the abuse of that liberty before a jury established by the law."
Today, Article 6 of El Salvador’s 1983 Constitution contains 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”).
References:
1824 Constitution of the state of Salvador: English Translation of the Spanish Original Text of the Constitution of 1824 3 (1824) Chapter III https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzsv0053&id=4&men_tab=srchresults
1841 Constitution of the State of Salvador: English translation of the Constitution of 1841. 207 (2010) https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzsv0002&id=2&collection=cow&index=
https://www.constituteproject.org/constitution/El_Salvador_2014.pdf?lang=en
Equatorial Guinea 🖉 edit
Equatorial Guinea’s 1991 Constitution contains no explicit press freedom protections (Constitute Project, “Equatorial Guinea's Constitution of 1991 with Amendments through 2012”).
Eritrea 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
Although it did not explicitly protect press freedom, Fiji’s 1970 Constitution did protect, in the course of its guarantee of freedom of expression, “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”). Furthermore, the list of potential qualifications or exceptions to this right suggests that freedom of expression was conceived in the 1970 Fiji Constitution as including freedom of the press:
"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) in the interests of defence, public safety, public order, public morality or public health; (b) for the purpose of protecting the reputations, rights or freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing 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...."
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”).
References:
1970 Constitution of Fiji: https://constitutionnet.org/sites/default/files/1970_constitution.pdf
2013 Constitution of Fiji: https://www.laws.gov.fj/Home/information/constitutionoftherepublicoffiji#:~:text=The%20Constitution%20of%20the%20Republic,the%20procedures%20in%20the%20Constitution.
Finland 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
Article 4 of the "Law Concerning the Basic Rights of the German People," from 27 December 1848, asserted freedom of the press.
Article 118 of the 11 August 1919 Constitution of the German Reich (The Weimar Constitution) guarantees freedom of the press.
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”).
References:
"IV. Fundamental Rights of the German People voted in by the National Assembly in Frankfurt.," IV. Droits Fondementaux du Peuple Allemand votes par l'Assemblee Nationale de Francfort. (1848): 210-211: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzde0172&id=1&collection=cow&index=
The Constitution of the German Reich / August 11, 1919 / Translation of Document 2050-PS / Office of U.S. Chief of Counsel. Courtesy of Cornell University Law Library, Donovan Nuremberg Trials Collection. https://digital.library.cornell.edu/catalog/nur01840
Germany 1949 Constitution: https://www.constituteproject.org/constitution/German_Federal_Republic_2014
Ghana 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
Article 40 of the 1958 Constitution of Guinea guaranteed freedom of the press.
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”).
References:
1958 Guinea Constitution: République de Guinée, Constitution Du 10 Novembre 1958, Digithèque MJP. November 10. https://mjp.univ-perp.fr/constit/gn1958.htm.
1990 Guinea Constitution:English Translation of the French Original Text of the Fundamental Law of 1990, 4 (2021) https://heinonline.org/HOL/Page?handle=hein.cow/zzgn0016&id=4&collection=cow&index=
2010 Guinea Constitution: https://www.constituteproject.org/constitution/Guinea_2010.
Guinea-Bissau 🖉 edit
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 🖉 edit
Article 12 of the 1966 Constitution of Guyana offers a broad definition of freedom of expression, one which includes main elements of freedom of the press, including the “freedom to receive ideas and information without interference," and the "freedom to communicate ideas and information without interference”.
References:
1966. National Assembly of the Parliament of Guyana. May 16. https://parliament.gov.gy/new2/documents/bills/21123/statutory_instrument_guyana_independence_order_1966_no_575.pdf.
Haiti 🖉 edit
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 🖉 edit
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 🖉 edit
Law 18 of 1848 asserted protection of freedom of the press.
Hungary 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”).
References:
Hungary Loi 18 de 1848: F.R. Dareste; P. Dareste. Constitutions Modernes: Recueil des Constitutions en Vigueur dans les Divers Etats d'Europe, d'Amerique et du Monde Civilise (3). https://heinonline-org.mutex.gmu.edu/HOL/Page?handle=hein.cow/comorcv0001&collection=cow&index=cow/comorcv516&id=516#
1949 Hungary Constitution: English translation of the Hungarian original text of the Constitution of 1949 669 (2013) Chapter 8: Rights and Duties of Citizens https://heinonline-org.mutex.gmu.edu/HOL/Page?collection=cow&handle=hein.cow/zzhu0045&id=12&men_tab=srchresults
“Hungary 2011 (Rev. 2016) Constitution.” Constitute. https://www.constituteproject.org/constitution/Hungary_2016.
Iceland 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
Article 20 of the Supplementary Constitutional Law of 7 October 1907 reads: "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."
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”).
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#
“Iran (Islamic Republic of) 1979 (Rev. 1989) Constitution.” Constitute. https://www.constituteproject.org/constitution/Iran_1989.
Iraq 🖉 edit
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”.
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”).
References:
Iraq 1925 Constitution: https://constitution.org/1-Constitution/cons/iraq/iraqiconst19250321.html
“Iraq 2005 Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Iraq_2005.
Republic of Ireland 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
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 freedom of the press as well: "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 🖉 edit
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 🖉 edit
Article 10 of the 1993 Kazakhstan Constitution asserts freedom of expression in general. Article 11 bears more directly on freedom of the press: "A citizen of the Republic shall have the right to receive and disseminate any information through any legitimate way for his choice."
References:
"The Constitution of the Republic of Kazakhstan," International Legal Perspectives 5, no. 1 (1993): 111
Kenya 🖉 edit
In the 1963 Constitution freedom of the press can be inferred from 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 34 of the 2010 Kenyan Constitution explicitly 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”).
References:
1963 Constitution of Kenya: http://kenyalaw.org/kl/fileadmin/pdfdownloads/1963_Constitution.pdf
2010 Constitution of Kenya: https://constituteproject.org/constitution/Kenya_2010
Kiribati 🖉 edit
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 🖉 edit
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 🖉 edit
Article 16.2 of the 1993 Constitution of the Kyrgyz Republic as amended in February 1996 asserts that all persons in the country shall enjoy "freedom of the press, transmission and dissemination of information".
References:
1993 Constitution of the Kyrgyz Republic as amended in February 1996: http://hrlibrary.umn.edu/research/kyrgyzrepublic-constitution.html
Laos 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
The 1966 Constitution of Lesotho offers a general freedom of expression. Article 14 of Lesotho’s 1993 Constitution states: “Every person shall be entitled to, and (except with his own consent) shall not be hindered in his enjoyment of, 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." (Constitute Project, “Lesotho’ Constitution of 1993 with Amendments through 2018”).
References:
1966 Lesotho Constitution: O’LEARY, B. L. “THE CONSTITUTION OF LESOTHO: AN OUTLINE.” The Comparative and International Law Journal of Southern Africa 1, no. 2 (1968): 266–70. http://www.jstor.org/stable/23240737.
1993 Lesotho Constitution:https://www.constituteproject.org/constitution/Lesotho_2018.
Liberia 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
Article 20(1) of the 1964 Malawi Constitution referred to freedom of expression generally, and specified the"freedom to communicate ideas and information without interference (whether the communication to be the public generally or to any person or class of persons.)"
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”).
References:
“Constitution of Malawi.” Citizenship Rights Africa. http://citizenshiprightsafrica.org/wp-content/uploads/2022/03/Malawi-Constitution-1964.pdf
1994 Malawi Constitution: https://faolex.fao.org/docs/pdf/mlw136089.pdf
Malaysia 🖉 edit
According to Reporters Without Borders, "Press freedom is theoretically guaranteed by article 10 of the constitution, which provides for the freedom of expression." However, Malaysia’s Constitution contains no explicit protections on press freedom.
References:
1957 Malaysia Constitution: http://www.commonlii.org/my/legis/const/1957/2.html Malaysia's Constitution of 1957 with Amendments through 2007: https://www.constituteproject.org/constitution/Malaysia_2007.pdf
Maldives 🖉 edit
Articles 13 and 14 of the 1969 Constitution of the Republic of Maldives as Amended to 1975 are relevant to freedom of the press. Article 13 describes the right to freedom of expression: "Every person has freedom of speech and expression of thought, orally and in writing, so long as the express provisions of Shariath and the law are not contravened." Article 14 is also relevant to freedom of the press: "There exists freedom of acquiring knowledge and imparting it to others in a manner that does not contravene Shariath or law."
Article 28 of Maldives’ 2008 Constitution offers a more direct defense of freedom of the press: “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”).
References:
1969 Constitution of the Republic of Maldives As Amended to 1975: Peaslee Amos J.; Xydis, Dorothy Peaslee. Constitutions of Nation. The Hague, Martinus Nijhoff.: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/ctituson0002&id=723#
2008 Maldives Constitution: https://www.constituteproject.org/constitution/Maldives_2008
Mali 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
Article IV of Micronesia’s 1978 Constitution protects freedom of expression, assembly, association, and petition (UNESCO, “The Constitution of the Federated States of Micronesia”).
Moldova 🖉 edit
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 🖉 edit
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 🖉 edit
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.
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
“Mongolia 1992 (rev. 2001).” Constitute. https://www.constituteproject.org/constitution/Mongolia_2001
Montenegro 🖉 edit
According to Article 210 of the 1905 Montenegro Constitution: "The press is free. Censorship, warning and every preventive measure capable of preventing the issue, sale and publication of writings and of journals are forbidden except in the cases provided for by the law on the press."
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”).
1905 Montenegro Constitution: English translation from the French text of the original Constitution of 1905 "Part 14: The Constitutional Rights of Montenegrin Citizens," Constitution of 6/19 December 1905. (1905): 426-427: https://heinonline-org.mutex.gmu.edu/HOL/Page?handle=hein.cow/zzmb0013&id=20&collection=cow&index=
Morocco 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
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 🖉 edit
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” (Global Citizenship Observatory, “The 1963 Constitution of Nigeria”).
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" (Constitute Project, “ Nigeria’s Constitution of 1999 with Amendments through 2011”).
North Korea 🖉 edit
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” (The Committee for Human Rights in North Korea, “Constitution of the Democratic People’s Republic of Korea”).
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" (Constitute Project, “ North Korea’s Constitution of 1972 with Amendments through 1998”).
North Macedonia 🖉 edit
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" (Constitute Project, “North Macedonia (Republic of)'s Constitution of 1991 with Amendments through 2011”).
Norway 🖉 edit
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" (Constitute Project, “Norway's Constitution of 1814 with Amendments through 2014”).
Oman 🖉 edit
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" (Constitute Project, “ Oman’s Constitution of 1996 with Amendments through 2011”).
Pakistan 🖉 edit
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" (Constitute Project, “ Pakistan’s Constitution of 1973, reinstated in 2002 with Amendments through 2018”).
Palau 🖉 edit
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" (Constitute Project, “Palau’s Constitution of 1981 with Amendments through 1992”).
Panama 🖉 edit
Article 37 of Panama’s 1972 Constitution protects press freedom: “Every person may express his/her opinion freely, either orally, in writing or by any other means, without being subject to prior censorship. Legal responsibility (liability) will, however, be incurred when by any of these means, the reputation or honor of persons is assailed, or when social security or public order is attacked" (Constitute Project, “ Panama’s Constitution of 1972 with Amendments through 2004”).
Papua New Guinea 🖉 edit
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” (Pacific Islands Legal Information Institute, “Constitution of the Independent State of Papua New Guinea”).
Paraguay 🖉 edit
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” (International Foundation for Electoral Systems, “Constitution of the Republic of Paraguay”).
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" (Constitute Project, “ Paraguay’s Constitution of 1992 with Amendments through 2011”).
Peru 🖉 edit
Article 3 of Peru’s 1823 Constitution originally protected press freedom (Wikisource, "Political Constitution of the Peruvian Republic of 1823").
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" (Constitute Project, “ Peru’s Constitution of 1993 with Amendments through 2021”).
Philippines 🖉 edit
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" (Arellano Law Foundation, "1889 Constitution of the Republic of the Philippines").
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" Constitute Project, “ Philippines’s Constitution of 1987”).
Poland 🖉 edit
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" (Wikisource, "Constitutional Charter of the Kingdom of Poland, In the Year 1815").
Today, 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" (Constitute Project, “ Poland’s Constitution of 1997 with Amendments through 2009”).
Portugal 🖉 edit
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” (O Portal da História, “CONSTITUIÇÃO PORTUGUESA DE 1822”). [Translated from Portuguese]
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"(Constitute Project, “Portugal’s Constitution of 1976 with Amendments through 2005”).
Qatar 🖉 edit
Article 48 of Qatar’s 2003 Constitution protects press freedom: “Freedom of the press, printing, and publishing is guaranteed according to the law" (Constitute Project, “ Qatar’s Constitution of 2003”).
Romania 🖉 edit
Article 30 of Romania’s 1991 Constitution protects press freedom: “The freedom to express ideas, opinions, and beliefs, and the freedom of creation in any form-orally, in writing, through images, by means of sound, or by any other means of public communication-are inviolable…Freedom of the press also includes the freedom to establish publications" (Constitute Project, “ Romania’s Constitution of 1991 with Amendments through 2003”).
Russia 🖉 edit
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” (Northern Virginia Community College, “Fundamental Laws, 1906”).
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" (Constitute Project, “Russia’s Constitution of 1993 with Amendments through 2014”).
Rwanda 🖉 edit
Article 21 of Rwanda’s 1962 Constitution originally protected press freedom: “The secrecy of correspondence, postal and telegraphic communications is inviolable” (World Digital Library, “Constitution de la République Rwandaise”). [Translated from French]
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" (Constitute Project, “ Rwanda’s Constitution of 2003 with Amendments through 2015”).
Saint Kitts and Nevis 🖉 edit
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" (Constitute Project, “Saint Kitts and Nevis’s Constitution of 1983”).
Saint Lucia 🖉 edit
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" (Constitute Project, “Saint Lucia’s Constitution of 1978”).
Saint Vincent and the Grenadines 🖉 edit
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" (Constitute Project, “Saint Vincent and the Grenadines’s Constitution of 1979”).
Samoa 🖉 edit
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 (Freedom House, "Samoa").
San Marino 🖉 edit
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" (WIPO, "Declaration on the Citizens’ Rights and Fundamental Principles of San Marino Constitutional Order").
São Tomé and Príncipe 🖉 edit
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" (Constitute Project, “São Tomé and Príncipes’s Constitution of 1975 with Amendments through 2003”).
Saudi Arabia 🖉 edit
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" (Constitute Project, “Saudi Arabia’s Constitution of 1992 with Amendments through 2013”).
Senegal 🖉 edit
Article 8 of Senegal’s 2001 Constitution protects press freedom: “The Republic of Senegal guarantees to all citizens the fundamental individual freedoms, the economic and social rights as well as the collective rights. These freedoms and rights are notably…the civil and political freedoms: freedom of opinion, freedom of expression, freedom of the press, freedom of association, freedom of assembly, freedom of movement [déplacemnent], [and] freedom of manifestation" (Constitute Project, “ Senegal’s Constitution of 1992 with Amendments through 2013”).
Serbia 🖉 edit
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” (Hertslet 1875, p. 34).
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” (International Labour Organization, “Constitution of The Republic of Serbia”).
Seychelles 🖉 edit
Seychelles’ 1993 Constitution does not explicitly protect press freedom, but includes protections “to seek, receive and impart ideas and information without interference” as a part of freedom of expression protections (Constitute Project, “Seychelles’s Constitution of 1993 with Amendments through 2017”).
Sierra Leone 🖉 edit
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" (Constitute Project, “Sierra Leone’s Constitution of 1991, reinstated in 1996 with Amendments through 2013”).
Singapore 🖉 edit
Singapore’s 1963 Constitution contains no protection for press freedom, but does protect freedom of speech and expression (Constitute Project, “Singapore’s Constitution of 1963 with Amendments through 2016”).
Slovakia 🖉 edit
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 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" (Constitute Project, “Slovakia’s Constitution of 1992 with Amendments through 2017”).
Slovenia 🖉 edit
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" (Constitute Project, “Slovenia’s Constitution of 1991 with Amendments through 2016”).
Solomon Islands 🖉 edit
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" (Constitute Project, “Solomon Islands’s Constitution of 1978 with Amendments through 2018”).
Somalia 🖉 edit
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" (WIPO, "Somali Constitution").
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" (Constitute Project, “ Somalia’s Constitution of 2012”).
South Africa 🖉 edit
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 (SAMEDIA, “PFP’s lone stand on ‘Rights’”).
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" (Constitute Project, “South Africa’s Constitution of 1996 with Amendments through 2012”).
South Korea 🖉 edit
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" (USC Libraries, "Constitution of the Korean Provisional Government, 1919").
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" (Korea Legislative Research Institute, "CONSTITUTION OF THE REPUBLIC OF KOREA").
South Sudan 🖉 edit
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" (Constitute Project, “South Sudan’s Constitution of 2011 with Amendments through 2013”).
Spain 🖉 edit
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” (Biblioteca Virtual Miguel de Cervantes, “The Political Constitution of the Spanish Monarchy: Promulgated in Cádiz, the nineteenth day of March").
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" (Constitute Project, “ Spain’s Constitution of 1978 with Amendments through 2011”).
Sri Lanka 🖉 edit
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" (Parliament of Sri Lanka, "The Constitution of Sri Lanka (Ceylon)").
Article 14 of Sri Lanka’s 1978 Constitution protects press freedom: “Every citizen is entitled to…the freedom of speech and expression including publication" Constitute Project, “Sri Lanka’s Constitution of 1978 with Amendments through 2015”).
Sudan 🖉 edit
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" (Right to Nonviolence, "The Permanent Constitution of Sudan").
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" (Constitute Project, “Sudan’s Constitution of 2019”).
Suriname 🖉 edit
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" (Constitute Project, “Suriname’s Constitution of 1987 with Amendments through 1992”).
Sweden 🖉 edit
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" (Hirschfeldt 2017, p. 580).
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" (Constitute Project, “Sweden’s Constitution of 1974 with Amendments through 2012”).
Switzerland 🖉 edit
Article 55 of Switzerland’s 1874 Constitution first protected press freedom: “The freedom of the press is guaranteed" (ICL Project, "Switzerland > Constitution 1874").
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" (Constitute Project, “Switzerland’s Constitution of 1999 with Amendments through 2014”).
Syria 🖉 edit
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" (Wikisource, "Constitution syrienne du 14 mai 1930"). [Translated from French]
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" (Constitute Project, “Syria’s Constitution of 2012”).
Tajikistan 🖉 edit
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" (Constitute Project, “Tajikistan’s Constitution of 1994 with Amendments through 2016”).
Tanzania 🖉 edit
Tanzania’s 1961 Constitution did not explicitly protect press freedom, but did protect freedom of expression (Citizenship Rights Africa, "The Tanganyika Constitution"
Today, 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" (Constitute Project, “Tanzania’s Constitution of 1977 with Amendments through 2005”).
Thailand 🖉 edit
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" (Bloomsbury Publishing, "Thailand Constitution 1932").
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" (Constitute Project, “Thailand’s Constitution of 2017”).
Togo 🖉 edit
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” (World Digital Library, “Constitution de la Republique Togolaise”). [Translated from French]
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" (Constitute Project, “Togo’s Constitution of 1992 with Amendments through 2007”).
Tonga 🖉 edit
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" (Constitute Project, “Tonga’s Constitution of 1875 with Amendments through 2013”).
Trinidad and Tobago 🖉 edit
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" (Government of the Republic of Trinidad and Tobago, "CONSTITUTION OF THE REPUBLIC OF TRINIDAD AND TOBAGO ACT").
Tunisia 🖉 edit
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" (Constitute Project, "Tunisia 1959 (rev. 2008)").
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" (Constitute Project, “Tunisia’s Constitution of 2014”).
Turkey 🖉 edit
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" (The Individualisation of War, "The Ottoman Constitution").
Today, 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" (Constitute Project, “Turkey’s Constitution of 1982 with Amendments through 2017”).
Turkmenistan 🖉 edit
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" (Constitute Project, “Turkmenistan’s Constitution of 2008 with Amendments through 2016”).
Tuvalu 🖉 edit
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" (Constitute Project, “Tuvalu’s Constitution of 1986 with Amendments through 2010”).
Uganda 🖉 edit
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 (World Statesmen, "Uganda Constitutional Instruments").
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" (Constitute Project, “Uganda’s Constitution of 1995 with Amendments through 2017”).
Ukraine 🖉 edit
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" (Refworld, Constitution of Ukraine").
United Arab Emirates 🖉 edit
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" (Constitute Project, “Ukraine’s Constitution of 1996 with Amendments through 2016”).
United Kingdom 🖉 edit
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" (The National Archives, "Human Rights Act 1998").
United States 🖉 edit
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" (Constitution Annotated, "First Amendment").
Uruguay 🖉 edit
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" (Republica Oriental de Uruguay, "Constitucion de la Republica," 1830). [Translated from Spanish]
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" (Centro de Informacion Oficial, "Constitucion de la Republica," 1967).
Uzbekistan 🖉 edit
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" (Constitute Project, "Uzbekistan's Constitution of 1992 with Amendments through 2011").
Vanuatu 🖉 edit
Vanuatu’s 1980 Constitution does not formally protect press freedom, but does protect freedom of expression (Constitute Project, "Vanuatu's Constitution of 1980 with Amendments through 2013"). Observers recognize that, historically, “the government generally respects freedom of the press" (Freedom House, "Vanuatu").
Venezuela 🖉 edit
The 1811 "Declaration of Rights, by the Supreme Congress of Venezuela," at Article 4 under the "Rights of Man in Society" section, states: "The right to declare their thoughts and opinions, through the medium of the press, is unrestrained and free, under responsibility to the Law, for any violation of the public tranquillity, or the religious opinions, property and honour of the 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" (Constitute Project, Venezuela's Constitution of 1999 with Amendments through 2009).
References:
English translation of the Spanish original text of the Declaration of Rights of 1811. 1105 (2011) Rights of Man in Society: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzve0002&id=2&men_tab=srchresults
https://www.constituteproject.org/constitution/Venezuela_2009?lang=en.
Vietnam 🖉 edit
Article 10 of Vietnam’s 1946 Constitution first protected press freedom: “A Vietnamese citizen has the rights to freedoms… of the press" (Bloomsbury, "Vietnam Constitution 1946").
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" (Constitute Project, “Vietnam’s Constitution of 1992 with Amendments through 2013”).
Yemen 🖉 edit
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 (Constitute Project, “Yemen's Constitution of 1991 with Amendments through 2001”).
Zambia 🖉 edit
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" (Constitute Project, "Zambia's Constitution of 1991 with Amendments through 2016").
This clause first appeared in Article 22 of Zambia’s 1962 Constitution (World Statesmen, "Laws of Zambia: The Constitution").
Zimbabwe 🖉 edit
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" (Refworld, "Constitution of Zimbabwe, 1980").
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" (Constitute Project, “Zimbabwe's Constitution of 2013”).
Is the identification of this right associated with a particular era in history, political regime, or political leader? 🖉 edit
Sociologically, the emergence of the freedom of the press as a concept in law dovetails roughly with the Enlightenment. There is an argument to be made that the foundation for the rights articulated during 18th century was established nearly one hundred years prior with natural law philosophers such as John Locke, and while that’s somewhat true, the vernacularization and expansion of rights dialogue during the Enlightenment cannot be neglected as having been foundational to the identification of the right to a free press. (Edelstein. “Enlightenment Rights Talk.”) As liberalism began to take shape in Europe and principles of innate human dignity and natural rights began to enter everyday western European discourse, so too did the principle of a free press come into law. The earliest documented law governing the free press was enacted in Sweden in 1766 with the Swedish Freedom of Print Act. This law, at least in essence enshrined the freedom of the press on all topics with four specific exceptions. These exceptions were: “challenges to the Evangelical faith; attacks on the constitution, the royal family or foreign powers; defamatory remarks about civil servants or fellow citizens; and indecent or obscene literature.” (Nordin, “Swedish Freedom to Print Act”) All other topics were more or less protected under this provision of the law. By modern standards this seems to be an incredibly tepid, and seemingly limited conception of freedom of the press —especially given that the Swedish free press law largely protected powerful institutions like the church and monarchy — but nevertheless it was a radically progressive take on the freedom of the press for its time. It was not until decades later that the American conception of the right to a free press would come to exist in various states before being ratified as a part of the United States’ Constitutional Bill of Rights in 1791. However, during the French Revolution and the intellectual culture that accompanied it, the articulation of the right to a free press was made in The Declaration of the Rights of Man and the Citizen. In the document, drafted by the Marquis de Lafayette with feedback from Thomas Jefferson, the right is articulated as follows, “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.” ("Declaration of the Rights of Man and the Citizen") The interaction between Jefferson and the Marquis is not insignificant as it likely shaped the development of the conception of the right to a free press as it came to exist in the American context as well. During the preceding century (the seventeenth century) when the printing press first made its way to urban centers such as Boston and Philadelphia in the American colonies, there were several notable cases of journalists being tried for sedition and libel by English colonial magistrates. After the American revolution, states began to adopt their own constitutions, and supplement the federal constitution, which at the time lacked a bill of rights. One early articulation of the protection of the freedom of the press in the American context was in Pennsylvania’s state constitution. “The Pennsylvania Constitution of 1790 provided that ‘every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that Liberty. In prosecutions for the publications of papers…the truth may be given in evidence.’ Delaware and Kentucky followed suit with their constitutions in 1792.” This was the early makings of the truth as a defense in cases of libel. (Kahane, 1976) The articulation of the right to a free press in the Pennsylvania state constitution is strikingly similar to that in The Declaration of the Rights of Man and the citizen. These commonalities, if they are more than mere coincidences, point to the overarching influence of the Enlightenment on the formulation of the right to a free press, as well as the connections between the intellectual circles in France and the United States that shaped the recognition of the right to a free press.
References:
The Declaration of the Rights of Man and the Citizen: https://avalon.law.yale.edu/18th_century/rightsof.asp
Edelstein, Dan. “Enlightenment Rights Talk.” The Journal of Modern History, vol. 86, no. 3, 2014, pp. 530–565. JSTOR, www.jstor.org/stable/10.1086/676691. Accessed 15 July 2021
Kahane, Dennis S. “Colonial Origins of Our Free Press.” American Bar Association Journal, vol. 62, no. 2, 1976, pp. 202–206. JSTOR, www.jstor.org/stable/25727515. Accessed 9 July 2021.)
Nordin, “The Swedish Freedom of Print Act of 1776 – Background and Significance” https://www.swlaw.edu/sites/default/files/2018-04/Nordin%20Pages%20from%207.2%20FULL%20v7%20%284_13_18%29_.pdf)
Is there another noteworthy written source from the past that mentions this right? + create
What specific events or ideas contributed to its identification as a fundamental right? 🖉 edit
In 1789, notably before the Bill of Rights was adopted, Massachusetts Chief Justice William Cushing wrote, “The propagating literature and knowledge by printing or otherwise tends to illuminate men's minds and to establish them in principles of freedom. But it cannot be denied also, that a free scanning of the conduct of the administration and shewing the tendency of it, and where truth will warrant, making it manifest that it is subversive of all law, liberty, and the Constitution; it can't be denied.” Cushing seemed to be concerned with sedition and libel, which had been the subject of prosecutions, such as the Zenger case in 1735, throughout the pre-revolutionary American colonies. A decade later, the Federalist Party in the 5th Congress with John Adams as president, passed the Alien and Sedition acts which clamped down on free speech and press before later being rolled back under Thomas Jefferson’s administration. (Charles & O'Neill 2012)
The role of adversarial press in both the American and French revolutions should not be neglected as foundational events that contributed to the identification of the right to a free press; pamphleteering, self-publishing, and revolutionary periodicals were important uses of media that furthered public discord, and were largely viewed as instrumental to the success of the revolutions—something Chief Justice Cushing later referred to in his 1789 letter to John Adams. The institution of an adversarial press was thought to provoke a responsive government, and ultimately be a way of avoiding violent revolution by creating public pressure.
Following the French Revolution, the full-scale liberation of the press was established—upending much of the established models of publishing and paving the way for later reforms that ultimately shaped modern copyright and piracy protections. This, depending on how broad a conception of free press we consider, may have been a certain sort of backsliding. (Wresch 2003)
A few years removed from Cushing’s letter to John Adams, the United States Constitution was amended with the Bill of Rights, which protected the freedom of expression and press as a foundational aspect of human liberty. (That is to say, for example, the American third amendment right to be free from quartering soldiers was created in response to the living memory of the abuse under colonial rule.) In the case of the freedom of the press, the abuses to publication in both France and the United Stated in their pre-revolutionary periods set the stage for the protection of the freedom of the press in these given case studies.
In 1804 Jefferson said “While we deny that Congress have a right to control the freedom of the press, we have ever asserted the right of the states, and their exclusive right, to do so. They have accordingly, all of them, made provisions for punishing slander, which those who have time and inclination resort to for the vindication of their characters." (Scherr 2016)
In the American context, the protections for the freedom of the press gradually expanded to the states through the Fourteenth Amendment, with the landmark Supreme Court case Near v. Minnesota in 1931. Prior restraint was deemed unconstitutional even on the state level, and the protections for a free press were expanded accordingly.
Internationally, the recognition of the freedom of the press, and human rights more generally, came much more recently in history. Following the Second World War, the United Nations convened in 1948 to draft the Universal Declaration of Human Rights (UDHR). As the human rights theorist Henry Shue suggests in his book Basic Rights, human rights are often created in response to reliable and predictable threats of abuse, most often those that are in living memory. In response to the violations of human rights that took place during World War II, the assertion of certain universal human rights were take up so as to set a standard for the international community, and be regarded as the net beneath which no one should be allowed to fall.
Article 19 in the UN Universal Declaration of Human Rights 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.” The flexibility of the wording of this right in the UDHR serves as a method for ensuring that there need not be constant revisions as technology and culture advance around the world, and also to avoid creating an implicitly hierarchical list or pyramid of forms of expression that must be protected above all else.
The sedimentation of the right into International human rights law has continued long after being drafted into the UDHR. “Since its inclusion in Article 19 of the Universal Declaration of Human Rights, the right to freedom of opinion and expression has been protected in all of the relevant international human rights treaties. In international law, freedom to express opinions and ideas is considered essential at both an individual level, insofar as it contributes to the full development of a person, and being a foundation stone of democratic society.” (Howie 2018)
References:
Patrick J. Charles & Kevin Francis O'Neill, Saving the Press Clause from Ruin: The Customary Origins of a Free Press as Interface to the Present and Future, 2012 UTAH L. REV. 1691 (2012)
Emily Howie (2018) Protecting the human right to freedom of expression in international law, International Journal of Speech-Language Pathology, 20:1, 12-15, DOI: 10.1080/17549507.2018.1392612
Near v. Minnesota 283 U.S. 697 (https://www.oyez.org/cases/1900-1940/283us697)
Scherr, A. (2016). Thomas Jefferson, the “Libertarian” Jeffersonians of 1799, and Leonard W. Levy’s Freedom of the Press. Journalism History, 42(2), 58-69.)
Shue, Henry. Basic Rights : Subsistence, Affluence, and U.S. Foreign Policy. 40th anniversary edition. Princeton: Princeton University Press, 2020.
Universal Declaration of Human Rights: https://www.un.org/en/about-us/universal-declaration-of-human-rights
Wresch, William. "Perspectives on the Right to Publish: Global Inequalities, Digital Publications, and the Legacy of Revolutionary France." Ethics and Information Technology, vol. 5, no. 2, 2003, pp. 117-127.
When was it generally accepted as a fundamental, legally-protectable right? 🖉 edit
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).