The principle of free speech is protected by law in Europe through the European Convention on Human Rights. Recently, high-profile figures from the US, such as Vice President JD Vance and Tesla CEO Elon Musk, have accused countries like the UK of infringing on citizens’ right to free speech. However, it is important to note that the UK has laws that clearly enshrine free speech, with the Human Rights Act incorporating the ECHR into domestic law. Articles 9, 10, and 11 of the ECHR protect the right to freedom of thought, expression, and protest. Despite criticism, UK Prime Minister Keir Starmer defended the country’s record on free speech, emphasizing its long history of allowing free expression.
One of the points of contention may be the UK’s anti-hate speech laws, which aim to protect citizens from discrimination and violence incitement. Laws such as the Public Disorder Act make it an offense to use threatening language based on race, religion, or sexuality, as well as language encouraging terrorism. The recently introduced Online Safety Act is also seen as a potential barrier to free speech. While the government states that it is designed to prevent harmful content, threats, and misinformation online, civil liberties groups like the Open Rights Group argue that it could stifle freedom of expression. The law requires tech companies to decide what can be published, potentially censoring content before it is even posted. This has raised concerns about how it aligns with the right to freedom of expression under the ECHR, and whether amendments will be necessary to ensure it does not breach these rights.
Vance has also criticized the EU for what he perceives as restrictions on free speech, referring to warnings by EU officials about shutting down social media platforms during civil unrest. However, the EU’s Digital Services Act aims to prevent illegal activities, harmful content, and disinformation online. Article 51 of the DSA allows for the temporary blocking of services that pose a threat to life or safety, but only after all other options have been exhausted. This means that Vance’s suggestion that EU officials intend to shut down social media during civil unrest is misleading. When comparing press freedom rankings, European countries, including the UK and most EU member states, perform well. The US ranks lower for press freedom, with only a few EU countries, such as Bulgaria, Cyprus, Hungary, Malta, and Greece, performing worse.
Overall, Europe has a strong legal framework protecting free speech, with laws that enshrine the right to freedom of expression. Despite criticism from high-profile figures in the US, such as JD Vance and Elon Musk, the UK and other European countries have mechanisms in place to safeguard citizens’ right to free speech. While concerns have been raised about anti-hate speech laws and the Online Safety Act potentially restricting free expression, it is important to consider how these laws align with international human rights standards, such as the ECHR. Additionally, press freedom rankings show that many European countries outperform the US in this regard, indicating a favorable environment for freedom of speech in Europe.
