Essay on Freedom of Expression

• Author: Shirani A. Bandaranayake
• Pages: 3-7

ESSAY

ON

FREEDOM

Discussing

the

right

to

freedom

of

discussion, A.V. Dicey pointed out:

As

every lawyer knows,

the

phrases,

"freedom

of

discussion"

or

"liberty

of

the

press"

are

rarely

found

in any

part

of the

statute-book

nor

among

the

maxims

of the

common law.

As

terms

of art

they

are

indeed quite

unknown

to our

courts.

At no

time

has

there

in

England been

any

procla-

mation

of the

right

to

liberty

of

thought

or to

freedom

of

speech.

The

true

state

of

things cannot

be

better described than

in

these words

from

an

excellent treatise

on the law of

libel;

our

present

law

permits anyone

to

say,

write

and

publish what

he

pleases;

but if he

makes

a bad use of

this liberty

he

must

be

punished.

If he

unjustly attacks

an

individual,

the

person

defamed

may sue for

damages;

if, on the

other hand,

the

words

be

written

or

printed

or if

treason

or

immorality

be

thereby inculcated,

the

offender

can be

tried

for the

misdemeanour either

by

information

or

indictment.1

This

extract indicates

two

important elements

of freedom of

expression.

First,

freedom of

expression involves

the

freedom

to

express

one's

thoughts and, second, this

freedom is

restricted

if the

information printed

is

inaccurate

or

unjustly

attacks

a

person.

The

second element could

be

brought

before

the

courts based

on the

doctrines

of

libel

or

defamation,

which indicates that

the

freedom

enjoyed

by the

press would

be

affected

only

by the

intervention

of the

courts.

The

role

of the

media, whether newspapers, radio,

or

television,

is to

impart information

to the

general public.

The

general masses, irrespective

A.V.

Dicey,

Introduction

to the

Study

of

the Law

of

the

Constitution,

8th ed.

(Liberty

Classics, 1982)

at

147.

1.

3

OF

EXPRESSION

BY

SHIRANI

A.

BANDARANAYAKE