AVINASH KUMAR & JAINENDRA KUMAR SHARMA

LL.M SCHOLARS AND LAW RESEARCHERS AT THE INDIAN LAW INSTITUTE, NEW DELHI

ABSTRACT

“If freedom of speech is taken away, then dumb and

silent we may be led, like sheep to the slaughter.”

                                                                                           – George Washington

The freedom of speech and expression is a fundamental right that is crucial for democratic societies. This article examines the concept of freedom of speech and expression from a Commonwealth perspective, exploring the diverse legal frameworks and practices within Commonwealth countries. It discusses the historical development of this right, its significance in promoting democratic values, and the challenges faced in its implementation. The Commonwealth, comprising countries committed to democracy, human rights, and the rule of law, has varying legal provisions regarding freedom of speech and expression. However, many Commonwealth nations have adopted constitutional guarantees or statutory protections to ensure an open and inclusive society that encourages the free flow of ideas, opinions, and information. The article also highlights the delicate balance between freedom of speech and expression and competing interests like national security, public order, and protection of individual reputations. Commonwealth countries face challenges in striking a harmonious equilibrium, considering cultural, religious, and political sensitivities while upholding free speech principles. Additionally, the role of technology and the internet in shaping freedom of speech and expression is discussed. While these advancements have made information dissemination more accessible, they have also raised concerns about hate speech, misinformation, and the regulation of online spaces without infringing on freedom of expression. The Commonwealth perspective recognizes the pivotal role of freedom of speech and expression in fostering democracy and human rights. It acknowledges the need for legal protections and a delicate balance to reconcile conflicting interests. As technology continues to evolve, Commonwealth nations face ongoing challenges in adapting their legal frameworks to address emerging issues while safeguarding this fundamental right. By promoting open dialogue, tolerance, and respect for diverse perspectives, the Commonwealth strives to create an environment where freedom of speech and expression can flourish within responsible and accountable discourse.

key words- Freedom, Expression, Commonwealth, Nation, Rights.