Keywords

Freedom of Speech, Protection of Free Speech, Harm, Defamation Law, Balance.

Published

25 February 2021

Abstract

Right to free speech is a constitutional right. Every human being can exercise this right recognized by many international instruments. But sometimes, it is seen that free speech is curtailed in the name of defamation and constitutional reasonable restrictions in Bangladesh. It cannot be run in a democratic country. In democracy, the criticism against government and its policies is also a right under free speech. The aim of this paper shows how a balance between them is drawn and examines the legality of such laws which make a conflict with freedom of speech. This paper is framed following the qualitative and quantitative method. The essential data are compiled from online journals, online newspaper articles, websites and blogs, books, editorials, judicial decisions, national statutes, international instruments etc. The findings of the manuscript are that free speech is open for all in democracy. It is protected by constitution. It should not be repressed by laws. Similarly, right to reputation must also be protected, because it covers right to life. Without reputation, life is worthless. So, it should not be harmed in the name of free speech. A balance must be drawn between them.

SALR Article No. 11

Ref: SALR/JOURNAL/2ndV/FI/Feb-001

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