ABSTRACT

Our right to freedom of expression is set down in the 1948 Universal Declaration of Human Rights – and the many treaties it spawned – whose values and principles provide the bedrock of virtually every written constitution or bill of rights in the democratic world and beyond, including the Human Rights Act (the exception is the earlier American Bill of Rights). This right to free expression is not unfettered. In fact quite the contrary. It can legitimately be limited, in a proportionate way, where necessary to protect people from libel or incitement to murder, amongst other grounds. Under the UN Bill of Rights there is actually a duty on states to limit free speech by outlawing incitement to national, racial or religious hatred.