The right to freedom of expression and the duty not to defame: an appraisal of law and practice
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Date
2017-12
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Kampala international international: School Of Law
Abstract
Democracy is based profoundly on the right for people to express their views. Freedom of speech is a basic human right in all free society, it is essential in decision making from parliament to community level. When this basic human right is threatened, people become very emotional and will do anything to protect it. This can lead to social unrest and alternatively have negative effects on the economy. Some people argue that freedom of speech should only be allowed to a certain extent. In my views in order for any nation to be considered free, its citizen must be, able to say how they feel. To begin with, government make laws base on the constitution of a country. In a free society before laws are made, legislations are examined by those who are in agreement and those opposing. In this case everyone has a say, so it is very difficult for any leader to take advantage of the system. Furthermore, individuals feel safe and valuable in a free country when they are allowed to express their feelings by voting during general elections, and even when making community decisions. Trying to remove or reduce this democratic right can cause protest and even riots. Take for instance the series of riots that took place in the Caribbean during the mid-1900, the riots that sparked off in the Arab spring countries such as Libya, Tunisia, Egypt, Syria among others has been as a result of denial of the right of the people to express their view without political intimidations On the other hand, some people argues that if c1itical decisions are to be made base on how everyone feels, the country will remain stagnant to change because we cannot please everyone at the same time. They argue further by stating that only some social changes should include the population opinion for instance health and education, whereas matters of national security should always remain unclassified. In short, despite the fact that people in free societies have difference in opinion, it is the duty of policy makers to keep the people informed and up to date when making decisions on their behalf. There is no justification for doing otherwise because freedom starts with a voice. Nowadays, globalization and multiculturalism has changed the viewpoint of the people by adopting themselves as smarter, quicker and effective communicator. In older days, people used to accept any rules whatever they have been told to them without (taking) anyone's opinion whether in running government, family or society. They used to respect and behaved as told to them. First, Freedom of thought, views and speech is the most fundamental duty of every person of different nations because without sharing remarks or thinking nobody knows about solution of any cause. Liberty of words shows the power especially in politics or government. Most importantly, everyone has right to think and act for battlement of society without causing harm or prestige of some individual. Second, it is necessary to understand common people's thought about any norms before it has been made. The Government, which only can be created by people's opinion and their vote because without them everything can become fuzzy however freedom of speech should be allowed in such necessary circumstm1ces. Furthermore, education, economic factors, medical, agriculture, info-tech and so on are run by common people who do anything to compete with the world. So the society is only governed by their potentiality and capabilities and knowhow of all their desire tendencies which gives rising up gradation for making a nation brighter. So government should know what citizens needs in different field in civilized society. To conclude, people should be free from such hurdles by sharing their speech virtually. I think freedom of speech is most valuable aspects of society to build up in fruitful way. Imposing restriction in speaking may damage and survive longer without getting productive result. Freedom of speech is guaranteed by the 1995 constitution of Uganda but it does not allow to speak whatever trash or rubbish which cause harm to others or to disrespect you. Your speech should point out such defects and wrong done by others moreover it should not touch personal life
Description
A dissertation submitted in partial fulfillment of the requirements for the award of bachelor of laws degree of Kampala international University, Kampala
Keywords
Human rights, Freedom of expression, Appraisal, Law, Defame, Practice