Laws alone cannot secure freedom of expression; in order that every man present his views without penalty there must be spirit of tolerance in the entire population- Explain
Introduction:
Generally this is the statement by Sir Albert Einstein.[1] It’s his one of the greatest quotients ever in history. Expression is something gift from god to mankind. Many specialists gave expertise on it. Freedom of expression is the general right of people to say or establish their opinion. Through the expression a human being expresses his thoughts, sentiments and feelings shares 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 its something that laws can’t always secure this right, people have to exercise it by their own responsibilities. Basically laws enables people to express their own thoughts but mainly within others tolerance. Its laws responsibility to show them the ways but it can’t 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 implement these rights thorough 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 autonomous media centers 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.
Rights of people at venture:
1. People’s 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 to guide people so they can be able to use their opinion power accordingly.
According to laws “The rights of expression 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 goven its critical values in democracy and public participation in the political life. There are some extreme types of expression in our country which needs to be shortened for the fortification of the other person’s rights. But limi8ting the freedom of expression in some situations is always a cheap balancing procedure to control. One particular form of expression 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 kinds 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.
2. 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 their interests’ matters. In laws these crimes are not allowed. Behind this freedom many people misuse it. Law doesn’t allow them to do such things but after scrutinizing laws people find a way out to misuse it.
(A) 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 committees with regulatory authority over the media, pront or broadcast, should be fully independent of authority.
Media journalism, news paper agency and people monopoly is another way in which the correct position for getting information from various sources 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.
(B) 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 establish 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 sunshine 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]
According to the independent news, Specially in Bangladesh, during the superintending government On October 21, 2008, the Caretaker Government of Bangladesh issued in the Bangladesh Gazette the Right to Information Ordinance (No. 50 of 2008), based loosely on the Indian Right to Information Act, 2005.[14] The Ordinance was passed by the current government of Bangladesh in the first session of this parliament on March 29, 2009.[7]
(C) Logistic supports like, Internet, and outpost and digital broadcasting: Generally these suggestion of unparalleled opportunities to encourage freedom of expression and information by general laws. By these technologies laws cant control security of the open opinions by the citizens. Most of the comments, reports news coming now are from technological side. To move and flourish fast people express their opinions using the technologies. Also, the general events by the system to limit the stretch of harmful or illegal content by using these technologies should be carefully desighned.
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 these restrictions should only be imposed where fits.
4. Criminal sanctions:
is the accompany such restrictions, often the expression of the question may not be pose to cleart risk of serious harm to public interest and still its subjected to penal sanctions, including imprisonment. [8]
According to the criminal sanctions from Web we find that, “Imposing criminal sanctions is costly, particularly when imprisonment is involved. It is comparatively easy to estimate the costs in a particular case by taking the average monthly cost of keeping someone in prison and multiplying by the length of their sentence, adjusting via a discounting formula for those costs that will be incurred in the future. What makes cost estimation much more difficult is variation (within an offence type) in the length of imprisonment terms or of probation orders. Sentencing guidelines may identify minimum, maximum and average sentence lengths, but variations in the seriousness of an offence, risk of re-offending or offender convictions history and other things will all have an influence” [9]
The general purposes of criminal sanction are:
1. Punishment: to inflict some kind of loss on the offender and give formal public
Expression to the community
2. Incapacitation: to restrain the offender so as to limit their opportunities’ to
Commit further crime.
3. Deterrence – to impose a penalty to either deter the individual from committing further crime or to deter other from initiating the criminal behavior.
4. Rehabilitation – designed to include measures which might contribute to the person desisting from future offences and to assist in their reintegration into society.
5. Reparation – penalties can involve direct or indirect compensation for the harm
Caused to victims by the crime.10
(A) Criminal defamation laws: It is applicable in our country in some manners. Such laws have a limiting affects on freedom of expression and are often battered in cases where there is no public interest at bet. International and local human rights institutions have not compulsory that such laws should be aboli8shed and replaced with civil offense laws [10]
Even in the European Union most laws are supporting to the tolerance opinion and as respect to the democracy. “Practical Access to Democracy in Central and Eastern Europe“[11]
(B) Civil defamation laws: This is the law generally implemented in all the country also including Bangladesh. It also access to the laws freedom of expression criteria.
(C) Courtroom restrictions: There are a lot of laws fading under the contempt of court rubric which limits the flow of in turn in order to protect the management of fairness. Some limitations to guarantee a fair trial and to pass up a trial. Also9 other limitations are more to do with defending the court from being scandalized. There are though many questions about the freedom of expression rights. In Bangladesh law restrictions in general are very tough to maintain because of its huge population. In comparison to its population the law enforcement force is not enough. So its beyond doubt that like other fields this is also problematic. [12]
According to Mogens Schmidt, “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” 13
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 be 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 to 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 doesn’t hart or tolerate directly to others. He mainly wanted to mention that nation should develop the thought in peoples mind that laws can be a guideline. If people maintain the guideline precisely then society can be beautiful. To create awareness and respect to the law he mentioned that quoted.
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