Constitution of Pakistan; Article 19

19 Freedom of speech: Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, commission of! or incitement to an offence"

19A. Right to information: Every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law"

International rights to freedom of Speech

#he right to freedom of speech as one of the basic human rights is enshrined in main international human rights documents" $reedom of speech %synonym $reedom of expression& is the inseparable element of a democratic society" 'hether the society is democratic or not can be defined by the factor of independent press and mass media" $reedom of speech and expression may bring to the control over the state authorities exercised by the society and to the maintenance of the self(controlled society, which is the demand of democracy" #he definition of a self(controlled society means that it itself shall make own decisions" )nd the society can do this in case it is informed in aggregate with the open exchange of opinions. A raham !incoln, generally, expressed this conception as follows* "!et the people e a#are of the facts$ and the countr% #ill e calm&" +ence, mass media as an instrument for the exercising of freedom of speech and expression gains importance for a democratic society" ,ain functions of mass media are to cover the events, gather and spread information and finally to control the activities of state authorities. It used to e said that the mass media is the fourth po#er after the '(ecuti)e$ !egislati)e and *udiciar%" #he society, in its turn, may exercise control over the authorities only in case it is aware of its actions and if necessary can intervene- for instance through voting during the elections" In order to specify the role of freedom of speech and expression in a democratic society, it is necessary to show the demands of democracy addressed to mass media* Press shall criticize the authorities when state officials and politicians make mistakes; news shall stimulate criticizing attitude towards the political course of the authorities; news and entertaining programs shall be defined according to taste of audience. If we have the opposite of the above mentioned we will have to deal with authoritarian regime" ,ass media is the best instrument for the society to exercise its right to freedom of expression" +owever, the same society can enjoy freedom of speech and expression at the same time it can infringe this right" So, another issue arises* where are the limits of freedom of speech.

International +eclarations on freedom of speech

)rticle /0 of the ,ni)ersal +eclaration of -uman Rights .,+-R/ provides* 1Everyone 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"1 )rticle /2 of the 'uropean Con)ention on -uman Rights .'C-R/ provides* 3Everyone has the right to freedom of expression" #his right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers" #his article shall not prevent States from re4uiring the licensing of broadcasting, television or cinema enterprises5" )nother international instrument (International Co)enant on Ci)il and Political Rights .ICCPR/ provides* 3Everyone shall have the right to hold opinions without interferenceEveryone shall have the right to freedom of expression- this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice5" )ccording to I66P7 there are two key categories of restrictions that limit freedom of expression* for respect of the rights or reputations of others; for the protection of national security or of public order, or of public health or morals. #hese restrictions shall only be such as are provided by law and are necessary" #he E6+7 broadly and more specifically defines all possible restrictions" )ccording to )rticle /2 of the E6+7 the exercise of the right to freedom of expression since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society,

in the interests of national security, territorial integrity or public safety; for the prevention of disorder or crime, for the protection of health or morals; for the protection of the reputation or the rights of others; for preventing the disclosure of information received in confidence; for maintaining the authority and impartiality of the judiciary.

Conclusion

)ll these and many other international documents clearly guarantee the right to freedom of speech and expression" +owever, there is no freedom which is absolute and unlimited" )ll these international documents provide restrictions and respect for these rights" #herefore, freedom of expression is a very 3sensitive5 right, which shall respect certain restrictions, which as well shall be protected from the government intention and other influential persons to hide criticism addressed to them" In any case, it8s worth mentioning that freedom supports responsibility too" #he offence, shock of someone, these all are also considered to be speech, but not protected speech like an irresponsible speech" ,nrestricted freedoms can lead to the )iolation of other human rights$ for instance infringement of pu lic health and morals.

9nrestricted freedoms lead to more global accidents, for instance when they present threat or danger for the national security or for public order and public safety" )ccording to the I66P7$ Any propaganda for war shall be prohibited by law; Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law. +ence, once again it is worth mentioning that freedoms suppose responsibility and restrictions" :ut, these restrictions shall be grounded by legitimate reasons, which shall be examined by courts" #herefore, $reedom of speech constitutes one of the essential foundations of a democratic society, one of the basic conditions for its progress and for the development" #he role of freedom of speech in a democratic society is the guarantee of control through mass media as the fourth power which is the instrument to exercise freedom of speech" )nd the society, in its turn, can control the authorities in case they are aware of their activities" #he 9niversal ;eclaration of +uman 7ights, International 6onventions, 6onstitutions and laws of the democratic states guarantee the right to freedom of speech and expression, which also provide restrictions and respect for these rights prescribed by law, as there is no freedom which is absolute and unlimited" <es, it is necessary to exercise freedoms in order to have a democratic society, but their limitations are also needed for the maintenance of the democratic society"