Constitutional protection of freedom of opinion and its impact in determining the scope of opinion crimes in traditional and electronic media

Man crosses difficult and bone braking ways in his fight for the freedom Of expression even was said that human history was only known when man first fought for this freedom . Ever since , freedom of expression and media have become one of the fundamentals that are taken for granted in which the international community on his part was keen to protect . In 26 of August . 1789, Human and Citizen declaration was first issued stating that freedom is a non-prescribed right ;and ,as long as ”men are born free , and free they will always be ”(article2) and ”freedom of delivering ideas and thoughts is the man’s most precious right” (artcle1), then every citizen has the right to speak, write and type freely and shall not be object of accountability unless misuses this freedom. (article11:Cases of misuse ). Freedom is not a gift , but a right conjoined to man’s humanity since birth . Universal Declaration of Human Rights gave great importance to freedom of expression and many regional and international agreements have done so . Whereas freedom of media is a from of freedom of expression , all constitutions had it constitutionally protected so to make sure that the best ideas and thoughts are delivered to the broader sector of audience considering that freedom of expression in media has core values ,on top of them is that public dialogue should have the priority to seclusion , suppression and oppression and a window through which citizens can have access to facts . By making this right protected ,legislator aimed to stand up against any attempted attack launched by the aggression .The reason is that freedom of media is the key factor of forming the democratic system ,but still, freedom of expression should have a fair share among other rights and freedoms . Hence ,freedom of expression retracts when it is no longer a public interest or when it is misused in a way that is to threaten citizens’ freedoms with no sensible reason paving the way to the absence of each and every social right of the freedom of expression ,therefore, an intellectual should not cross the lines drawn for this freedom :for he would be considered guilty of committing a crime against freedom of expression .that’s why freedom of expression should be law abided

DOI : https://www.iasj.net/iasj/article/76713

Dr. Oudah Yousif

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