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Freedom of Expression 1. Why is the freedom of expression considered to be an essential "right"? If it so important why is necessary for there to be restrictions on its exercise? The right to freedom of expression is probably the most universally accepted human right. Firstly, it is central to the functioning of a democratic society - political representatives can only understand and represent the views of their constituents through an open, two-way process of airing views, opinions and facts. Secondly, a person can only achieve self-fulfilment and their full human potential through being able to freely communicate their feelings, opinions and ideas. Free expression, however, can often have an impact on the rights and interests of others - for example, it may damage another person's reputation, prejudice a fair trial or incite racial hatred. Therefore, the Court has sought to balance the right to freedom of expression with the state's...

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