THE GUARDIAN: UN declaration supports free speech but this has been subject to many legal qualifications
Hate-speech crimes, and offences under blasphemy, sexual equality, defamation or racial abuse laws vary around the world. But absolute freedom of expression is curtailed in many countries.
Article 19 of the UN's universal declaration of human rights in 1948 envisaged few restrictions. "Everyone has the right to freedom of opinion and expression," it stated. "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."
In practice there are lots of legal qualifications. A 1994 judgment of the European court of human rights in Strasbourg involving a Danish journalist tried to define the overarching principle "that tolerance and respect for the equal dignity of all human beings constitute the foundations of a democratic, pluralistic society".
So, "it may be considered necessary in certain democratic societies to sanction or even prevent all forms of expression which spread, incite, promote or justify hatred based on intolerance (including religious intolerance), provided that any formalities, conditions, restrictions or penalties imposed are proportionate to the legitimate aim pursued". » | Owen Bowcott, legal affairs correspondent | Wednesday, September 19, 2012
