Constitution of Pakistan; Article 1919Freedom 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

The right to freedom of speech as one of the basic human rights is enshrined in main international human rights documents. Freedom of speech (synonym Freedom of expression) is the inseparable element of a democratic society. Whether the society is democratic or not can be defined by the factor of independent press and mass media.Freedom of speech and expression may bring to the control over thestateauthorities exercised by the society and to the maintenance of the self-controlled society, which is the demand of democracy.The definition of a self-controlled societymeans that it itself shall make own decisions. And the society can do this in case it is informed in aggregate with the open exchange of opinions. Abraham Lincoln, generally, expressed this conception as follows: Let the people be aware of the facts, and the country will be calm.Hence, mass media as an instrument for the exercising of freedom of speech and expression gains importance for a democratic society.Main functions of mass media are to cover the events, gather and spread information and finallyto controlthe activities of state authorities. It used to be said that the mass media is the fourth power after the Executive, Legislative and Judiciary. The society, in its turn, may exercise control over theauthoritiesonly 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 authoritarianregime.Mass media is the best instrument for the society to exercise its right to freedom of expression. However, 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 Declarations on freedom of speechArticle 19 of the Universal Declaration of Human Rights (UDHR) provides: "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."Article 10 of the European Convention on Human Rights (ECHR) provides: Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.Another international instrument -International Covenant on Civil and Political Rights (ICCPR) provides: Everyone shall have the right to hold opinions without interference; Everyone 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 choice.

According to ICCPR 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.These restrictions shall only be such as are provided by law and are necessary.The ECHR broadly and more specifically defines all possible restrictions. According to Article 10 of the ECHR 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.ConclusionAll these and many other international documents clearly guarantee the right to freedom of speech and expression. However, there is no freedom which is absolute and unlimited. All these international documents provide restrictions and respect for these rights.Therefore, freedom of expression is a very sensitive 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, its worth mentioning that freedom supports responsibility too.The offence, shock of someone, these all are also considered to be speech, but not protected speech like an irresponsible speech. Unrestricted freedoms can lead to the violation of other human rights, for instance infringement of public health and morals.Unrestricted freedoms lead to more globalaccidents, for instance when they present threat or danger for the national security or for public order and public safety.According to theICCPR,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.Hence, once againit is worth mentioning that freedoms suppose responsibility and restrictions. But, these restrictions shall be grounded by legitimate reasons,which shall be examined by courts.Therefore, Freedom of speech constitutes one of the essential foundations of a democratic society, one of the basic conditions for its progress and for the development.The 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. And the society, in its turn, can control the authorities in case they are aware of their activities.The Universal Declaration of Human Rights, International Conventions, Constitutions 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. Yes, 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.