Laws alone cannot secure freedom of expression in order present any one’s view without penalty there must be spirit of tolerance in the entire population

Laws alone cannot secure freedom of expression in order present any one’s  view without penalty there must be spirit of tolerance in the entire population   . Explain and Illustrate

1) INTRODUCTION

It’s one of the greatest quotients ever in history.[1] Expression is something gift from god to mankind. Many specialists gave expertise on it. Freedom of expression is the general right of people is to say or establish their opinion. Through the expression a human being expresses his thoughts, sentiments and feelings share to others. So, freedom of expression is general right, which a human being gains by born. It is basically a right . It proclaims the universal declaration of human rights laws are the supporting to get this freedom keeps on track though it’s tough to secure it.

According to law, “Everyone has the right to freedom of opinion and expression, the right includes freedom to hold opinions without interference and to seek and receive impart information and ideas through any media and regardless of frontiers”.[2]So it is something that laws can always secure this right, people have to exercise it by their own responsibilities. Basically laws enable people to express their own thoughts but mainly within other tolerance. Its laws responsibility to show them the ways but it cant always possible for laws to secure it for all.

In the general correspondents progress has been made. Laws keep them on track so all the progresses have their own paces. Efforts have been made to effectively implements these rights through socially constructed regional friendliness.For these new scopes and opportunities are up and coming for larger freedom of expression with the web and worldwide satellite cultural broadcasting. But there is opposite dimensions too. Like with worldwide media monopoly and pressures on media centres usually.

A law researcher mentioned that, “If we don’t believe in freedom of appearance for people we despise, we don’t believe in it at all.”[3] Laws criteria must be maintained.

2) RIGHTS OF PEOPLE AT VENTURE:

a. Peoples right to freedom of expression and opinions under laws:

Generally people have the right to draw things into the expression. Law main task is to keep people expressions on track. Law actually supports people to make sure what they are saying are according to others tolerance. People only responsible to correctly use it. Laws are responsible top guide people so they can be able to use their opinion power accordingly.According to laws “The rights of expressions and information cannot be separated from rights to think and believe. Intellectual and linguistic capabilities characterize human beings, and thus, the right to form and express opinions represents an essential manifestation of human merits and of god’s gifts.”[4]

The accuracy to freedom of expression holds the views and personal opinions correctly. It is the right that must be promoted to maximum extent possible when given its critical values in democracy and public participation in the political life. There are some extreme types of expression in our country which is blocked by law is the “Hate speech”[5] . There are some opinions and cross partials about this hate speech. Some people say that these kind of speeches should be stopped because these are violating the healthy expressive environment especially in countries like Bangladesh. So here its much tougher for laws to secure freedom of expression because nobody is aware and respectful to laws.

b. The rights of citizens to seek obtain, communicate information and ideas Restrictions on individual correspondents:

The general freedom of impart, communicative information can be abused by law or something in different ways and also particularly impinge on the freedom of expression .General unofficial censorship represents a variety of activities on public officials like: Over telephone threat of killing , kidnapping, and physical threats. These are the common activities characterized to protect any against opinions of critical matters. The activities or right of correspondents are to save the source of information also important to ensure free flows of definite information to public there interest’s matters. In laws these crimes are not allowed. Behind this freedom many people misuse it.

  • Laws structural restrictions on people:

Generally a question arises that, is people what are saying all are rational or not. Most of the time people are free from the political influences in the institutional stage. Limitations can take outline of people’s opinions laws which allows for government interference. Even in media, or which impose unwarranted restrictions on public content. All comities with regulatory authority over the media, print or broadcast, should be independent of authority.

Media journalism, newspaper agency and people monopoly is another way in which the correct position for getting information from various source is restricted . The country distribution monopolies do not serve up the public attention but in some slighter markets, a monopoly broadsheet is the only way to give access to the limited news. System on monopoly need to be cautiously designed.

  • Access to information held by public authorities:

It’s another aspect of the freedom of information debate.

According to law “legislation are rules that guarantee access to data held by the state . They established a right to know legal process by which requests may be made for government held information, to be received freely or at minimal cost ,barring standard exceptions. Also variously referred to as open records or sun shine laws , governments are also typically bound by a duty to publish and promote openness. In many countries there are constitutional guarantees for the right of access to information, but usually these are unused if specific support legislation does not exist.”[6]

c. Logistic supports like, Internet, outpost and digital broadcasting:

Generally these unparalleled opportunities to encourage freedom of expression and information by general laws. By these technologies laws can’t control security of the open opinions by the citizens. Most of the comments, reports, news coming now are from technological side. Also, the general events by the system to limit the stretch of harmful or illegal content by using these technologies should be carefully designed.

3) THESE OFFERS SHOULD BE LIMITED IN POSITIVE CONDITIONS:

In general to protect sights and reputations of others or to defend national security, public order and ethics. The general limits in the name of public order and national security can often be very broad and indistinct. International and regional practices have mentioned that

4) CRIMINAL SANCTIONS:

Is the company such restrictions, often the expression of the question may not be pose to claret risk of serious harm to public interests and still its subjected to penal sanctions, including imprisonment.[7]

The general purposes of criminal sanctions are:

  • Punishment- to inflict some kind of loss on the offender and give formal public expression to the community.
  • Incapacitation- to restrain the offender so as to limit their opportunities to commit further crime.
  • Deterrence- to impose a penalty to either deter the individual from committing further crime or to deter other from initiating the criminal behaviour.
  • Rehabilitation- designed to include measures which might contribute to the person desisting from future offences and to assist in their reintegration into society.
  • Reparation- penalties can involve direct or indirect compensation for the harm.

5) CONCLUSION:

Freedom of expression can’t be secured by law alone was the quotient by Sir Albert Einstein. He wanted to say by this quotient was that everyone has to responsible by themselves. Laws are the general rules made by ourselves to keep ourselves in control. To maintain this we need to be aware of what laws say.

In Bangladesh laws alone normally will not be able to secure people opinions unless people get more careful to secure it by their selves. To do that we need to cultivate strong attitude to make ourselves more educated. If we can do that then it will be easier for us secure out freedom of expression and opinion. Also it will be able to tolerate others.

Sir Albert Einstein mentioned this opinion to express his thoughts about the freedom of expression. His views was mainly about people opinion should be as pertinent that does not hart or tolerate directly to others. He mainly wanted to mention that nation should develop the thought in peoples mind that laws can be guideline. If people maintain the guideline precisely then society can be change. To create awareness and respect to the law he mentioned that quoted.

BIBLIOGRAPHY

1.     Hoque M.S Judicial Transgression, The Bangladesh Observer , October 23, 1999.

2.     Justice Hossain Kemaluddin, freedom of speech under law in Bangladesh- law and practice, Dhaka,Anindya Computer,1994.

3.     Rahman Syed Sadiqur, speech Controversy in 1971, the independent,july 29,2003.

4.     Dicey, A.V. ibid, 198.

5.     Finnis, Jhon. Natural Law and Natural rights. Oxford: Oxford University Press,1980.

6.     Lavinia Gomez(2005) . The Freud Wars: An Introduction to the philosophy of Psychoanalysis.

7.     http://www.newadvent.org

8.     http://en.wikipedia.org.

9.     PHI 101, Rashida Khanum handnote

10. POL 101 Hand notes by AZM sir.

[1] Generally this is the statement by Sir Albert Einstein.

[2] See www.un.org/en/documents/udhr/

[3] See http: // issues.tigweb.org/expression

[4]See Dr. Fathi Osman, Freedom of expression, page 118

[5] See http://www.spectacle.org/freespch/musm/hate.html

[6] See http://en.wikipedia.org/wiki/Freedom_of_information_legislation.

[7] See W.J Chambliss. Ed, Crime and legal process (1969);S.H Kadish, Criminal law and its Processes(1969)

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