Freedom of speech is one of the fundamental civil liberties. It means the right of every individual to express their views, beliefs, and opinions — both in private and public spheres — without fear of repression, censorship, or punishment by the state.
This freedom is essential for the functioning of a democratic society. It allows for open debate, criticism of authorities, the exchange of ideas, as well as the defense of one’s values and identity.
However, freedom of speech is not absolute. Its limits are reached where the harm to another person begins, and words become a tool of violence — for example, in the form of harassment, hate speech, or defamation.
WHICH LEGAL ACTS GUARANTEE FREEDOM OF SPEECH AND FREEDOM OF EXPRESSION?
In Poland, the right to freedom of speech is protected by the most important legal acts:
Constitution of the Republic of Poland
Art. 54(1): “Everyone shall have the right to express their opinions and to acquire and disseminate information.”
Art. 14: “The Republic of Poland shall ensure freedom of the press and other means of social communication.”
European Convention on Human Rights
Art. 10: The right to freedom of expression, including the right to hold opinions and to receive and impart information — subject to responsibilities and restrictions necessary in a democratic society (e.g., protection of reputation, public order, and the rights of others).
International Covenant on Civil and Political Rights (ICCPR)
Art. 18: Everyone shall have the right to freedom of thought, conscience, and religion, recognizing the right to freedom of expression and information, while emphasizing the necessity of exercising this right responsibly and with respect for the rights of others.
DOES HATE SPEECH FALL UNDER FREEDOM OF SPEECH?
No. Hate speech — that is, deliberately insulting, humiliating, mocking, or harassing someone online or offline — does not fall within the limits of freedom of speech. Hate speech is a form of verbal violence — often anonymous, diffuse, but highly harmful.
Hate speech can lead to social exclusion, psychological disorders, withdrawal from participation in social life, and in extreme cases, even suicide attempts.
Freedom of speech does not protect hate speech. It protects the right to speak the truth, express opinions, and participate in debate — but in a way that does not violate the dignity of another person.
In school and everyday life, it is important to learn:
- how to distinguish constructive criticism from verbal aggression
- how to conduct discussions with respect for differing opinions
- how to defend your beliefs without attacking others
- how to respond when you see hate speech online or among peers
- Developing legal awareness and empathy is the foundation of responsible exercise of freedom of speech.
Freedom of speech is not only a right, but also a responsibility
Freedom of expression is not only a right — it is also a responsibility for what we say and how it affects others.
In a society based on respect and human rights, there is no place for hate speech, verbal violence, or humiliating those who are different. Democracy does not mean impunity for everything we say, but rather a shared commitment to maintaining a space where everyone can speak — and be heard — with dignity.