I Book Review: Freedom of Speech
| Published date | 01 December 2011 |
| DOI | 10.1177/016934411102900414 |
| Date | 01 December 2011 |
| Subject Matter | Part D: DocumentationI Book Review |
Documentation
600 Intersentia
E. Barendt, Freedom of Spee ch, 2nd edition, Oxford University Press, 2005, ISBN
0–19 –92 4451– 0
Recent events in Europe and the United States have brought freedom of speec h to the
forefront of a global discourse on human rights. e case of the Danish cartoonist, the
Wikilea ks phenomenon, and the controversies about the media landscape in Hungary,
the c ountry which held EU presidenc y until June 2011, have shown the continui ng
relevance of free speech issues in our time. us, Barendt’s Freedom of Speech, now
recognised as a classic work on the subject, should be a recommended reading for
anyone interested in this topic.
e book presents a detailed analysis of Freedom of Speech in three layers. e rst
four chapters explicate the philosophical and moral justications, constitutional status,
and scope of application of freedom of speech. e judicial application of these general
principles is meticulously examined in the sever al chapters dealing wit h particula r
categories of speech, namely: politic al speech, libel and defamation, copyright, public
meetings, judicia l proceedings, pornography and commercial spe ech. In the last part
of the book, laws governing media (press, broadcasting and Internet) and the exercise
of freedom of speech in special contexts such as election campaigns, employment and
education a re separately treated. Hence, compared to the rst edition of this book,
many more issues are covered in this e dition.
e objective of the author is to elaborate ‘how freedom of speech issues have been,
or shou ld be, resolved’. He has achieved this objective largely through a masterf ul
analysis a nd critique of several freedom of speech court cases from the U K, US, and
Germany, a s well as the European Court of Human R ights. at being s aid, apart
from Chapter VI, which deals wit h Libel and Invasion of Privacy, the other chapters
do not provide any substa ntial comparative material. For instance, Prior Restraints
(Chapter IV) is analysed almost solely with reference to English law. As t he author
himself adm its, a full-edged comparative book on freedom of speech would require
a more voluminous treatise.
Unlike ma ny books on hu man rights is sues, this one sketched out the matrix of
social and polit ical interests that shape the prax is of protection of freedom of speech.
However, it must be noted that these diverse and conicting interests cannot be
promoted in a judicial setting alone. Administrative decisions aecting classication of
information into condential and non-condential, and editoria l decisions to publish
sensitive materials are also a vital mea ns of promoting and balancing t hese interests.
Needless to say, a deep understanding of the business and political rationalities of
government agencies and private organisations should provide much needed insight
into the practical c hallenges of safeguarding free dom of speech.
Unfortunately, Barendt scarcely touches on this aspect of protection of freedom of
speech. For insta nce, in his assessment of Godf rey v Demon, he provides an exc ellent
analysis of the challenges faced by an English court in applying the Defamation Act of
1996 to determine t he extent of liability of an ISP(Internet Service Provider) for libel
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