Page 34 - KDU INTERNATIONAL JOURNAL OF CRIMINAL JUSTICE

KDU International Journal of Criminal Justice (KDUIJCJ)
Volume I | Issue II| July 2024

FREEDOM OF EXPRESSION IS NON-NEGOTIABLE

Justice Nishshanka Bandula Karunarathna
LLM (Wales), Barrister and Solicitor (New Zealand)

Attorney-at-Law of the Supreme Court
President of the Court of Appeal in Sri Lanka.

Freedom of expression is irrevocable and fundamental to a free society.

The ability to express ourselves freely is fundamental to a free society.
This includes the freedom to publish, satirise, joke, and criticise, even

when that might cause offence to others. Those who wish to silence free
speech must never be allowed to prevail. Free speech is little more than a

catchphrase used by those who oppose it to further the interests of the

wealthy and powerful at the expense of the marginalized. If we must have
slogans, we need one that more accurately captures the reality that "free

speech" alludes to.

Do you realize that proponents of "free speech" are less consistent than

they like to believe? That is, clearly, the expression of one's thoughts and
beliefs, which is known as freedom of opinion. This right is acknowledged

and safeguarded by international law, including the Universal Declaration
of Human Rights and Article 19 of the International Covenant on Civil and

Political Rights. Maybe even opinions might create a clear and present

danger if they are conveyed in a certain way. But, these instances are
incredibly uncommon. We consider the expression of opinion to be basic

and unavoidable because it is probably just a coincidence that doing so is
so unlikely to result in harm.

23