RESTRICTIONS ON FREEDOM OF SPEECH TO ENSURE PUBLIC ORDER

Abstract

The article delves into the intricate balance between upholding freedom of speech and maintaining public order. While freedom of expression is a fundamental human right enshrined in the International Covenant on Civil and Political Rights and the European Convention on Human Rights, it is not absolute. The author explores Article 19 of the ICCPR, which allows for restrictions on freedom of speech under specific conditions. The article analyzes landmark cases from the European Court of Human Rights that illustrate the Court’s approach to differentiating permissible restrictions based on the nature and impact of the speech. It further examines the challenges posed by modern communication technologies, particularly the Internet, in regulating harmful content while avoiding undue censorship. The study underscores the necessity for a clear legal framework, legitimate aims, and proportionality in any restriction on freedom of speech, highlighting the role of social media companies in mitigating the spread of harmful information without stifling free expression.