｜ Chapter 5 ｜ Continual Improvement: Keeping Up with International Trends II. Exploring the True Meaning of Free Speech in the International Covenant on Civil and Political Rights Freedom of Speech—From the Declaration of Human Rights to Covenants on Human Rights Regarding freedom of expression, Article 19 of the Universal Declaration of Human Rights states that, “Everyone 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.” The first codified constitution recognized in the world is the US Constitution enacted on March 4, 1789. The first amendment in the Bill of Rights, a list of amendments that became a part of the US Constitution, addresses the freedom of speech and expression. From the earliest countries to develop democratic politics and protection of free speech such as the UK, US, and France, we can see that the more a country protects freedom of speech and the flow of information, the more likely it will promote “intellectual growth among citizens”, “social and economic progress”, “democracy”, and other multi-dimensional circular functions. However, the expression of free speech can sometimes contradict and be in conflict with the human rights of others, or even violate human rights. That is why Article 12 of the Universal Declaration of Human Rights states that, “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.” 150 Article 29 of the Universal Declaration of Human Rights further states that everyone has duties to the community in which the free and full development of his personality is possible alone. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society. It is precisely because freedom, equality, and dignity are the most basic core of human rights protection that the protection of freedom of speech does not include defamation, slander, fraud, intimidation, disclosure of privacy, or any other infringements on the human rights of others. To go a step further, the point of the existence of a nation is to protect the basic human rights of its people. Therefore, nations are obliged to explicitly prohibit and punish speech that violates the human rights of others for the purpose of protecting human rights. In the International Covenant on Civil and Political Rights, which codified aspects in the Universal Declaration of Human Rights, the parts that discuss the rights and obligation that come with freedom of speech are mainly Article 17’s right to privacy and dignity; Article 19’s rights and obligations of freedom of speech; and Article 20’s prohibition of speech that incites war, hatred, and discrimination. International Covenant on Civil and Political Rights Article 17 (Right to Privacy and Dignity) I. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. II. Everyone has the right to the protection of the law against such interference or attacks. Article 19 (Rights and Obligations of Freedom of Speech) I. Everyone shall have the right to hold opinions without interference. II. Everyone has 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 choice. III. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: 1. For respect of the rights or reputations of others; 2. For the protection of national security or of public order, or of public health or morals. Article 20 (Prohibition of the Abuse of Freedom of Speech) I. Any propaganda for war shall be prohibited by law. II. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law. The Obligations of Freedom of Speech The purpose of Article 19(3) of the ICCPR is to 151