SAN ISIDARO MOVEMENT: A FIGHT FOR FREEDOM OF EXPRESSION

Abstract

The right to freedom of expression protects the right of people to hold an opinion and to seek, receive and impart information and ideas , Section 16 of the Human Rights Act says that every person has a right to hold an opinion without interference. Expression is a broad concept that has been held by courts to encompass ‘every form of subjective idea and opinion capable of transmission to others’ and ‘any act which is capable of conveying some kind of meaning’. This includes political, cultural and artistic expression; news and information; commercial expression and advertising; audio-visual, electronic and internet-based modes of expression, as well as spoken, written and sign language. Examples include news, posters, pamphlets, banners, books, dress, legal submissions, teaching, religious discourse and human rights discussion. The right to freedom of expression protects almost all mediums of expression, provided the expression conveys or attempts to convey a meaning. Whether an act conveys a meaning is judged by its impact on reasonable members of the public who are exposed to it, without reference to the purpose of the person who expressed it. However not all forms of expression are protected. Expressive conduct delivered in the form of criminal damage to third party’s property is not protected expression. Violence is also not a protected expression. This means that while the concept of expression is a very broad one, the way people can exercise the freedom of expression can be limited.