This blog is written by Ogunsuji Favour Boluwatife a Third-year law student of University of Lagos, Nigeria

Introduction

There is no doubt that the idea of free speech in the past is not the same as what it is today. With the impact of technology, free speech has evolved in the society. Free speech has evolved with the trends the digital era has to offer. This article explores how free speech has evolved in the digital era by discussing how it has adapted to the trends of the digital era, the challenges of free speech in the digital era, and the possible solutions to the challenges.

Meaning of Free Speech

Free speech is the right to express your opinions publicly.[1] Free speech is communicating one's thoughts, opinions, and ideas without any restrictions or fear of restrictions. These thoughts, opinions, and ideas can be communicated through any of the various mediums of communication. It could be through spoken words, written words, visual arts, music, dance, etc. Free speech is not just an idea or concept, it is also a fundamental right that can be found in constitutions.[2] of various countries and conventions[3].

The Traditional Era

Before the digital era, we had the traditional era. The traditional era was the era that did not get to experience what the digital era experienced. This era was known for its simple and mundane lifestyle. Despite these limitations, free speech existed even during this period. In the traditional era, people expressed themselves through storytelling, songs, and public speaking. Storytelling took the forms of folklore, folktales, etc. Through these tales, free speech is encouraged. Songs were also a form of expression and communication. People communicated their thoughts and feelings with songs. Public speaking which involved an oratory kind of speaking was also a form of free speech in the past. Following this oral means of communication in this era, the print media was introduced. The advent of the print media contributed to the growth of free speech. People could now communicate their opinions and ideas on platforms like newspapers, pamphlets, books, etc., and have them distributed to a larger audience and this provided a more permanent means of storing information. But it was unlike the oral tradition because it was a “one-way communication", that is, readers had no means of sending their feedback after reading the information. Following this era, the digital era was introduced. The traditional era laid the foundation for the digital era.

The Digital Era

Cambridge Dictionary explains the digital age as “the present time, in which many things are done by computer and large amounts of information are available because of computer technology.”[4] In the digital era, there is a widespread use of digital technologies, like the internet, computers, smartphones, social media, and many other technologies. This era has transformed the way people communicate and express themselves. These digital technologies have made it easier and faster for people to express themselves to a global audience. They have made this expression easily accessible to people and have enabled feedback from a willing audience.

Social media platforms, such as Facebook, X, and Instagram, have given individuals the medium to express themselves freely. This is a major and most famous avenue that promotes the concept of free speech. These platforms have made people able to express themselves to a wider audience and enabled them to receive feedback. Social media is famous because it gives room to any kind of perspective or any kind of person. For example, in Packingham v. North Carolina[5], the Supreme Court held that a law restricting registered sex offenders from accessing social media was unconstitutional because it violates the constitutional right to freedom of speech. Despite the help of social media platforms in promoting free speech in the digital era, these platforms also have their setbacks. Cyberbullying, a remarkable obstacle to free speech on social media platforms, makes people shy away from expressing themselves or makes them regret expressing themselves because of fear of online bullying or harassment. People who express themselves on these platforms are also likely to be recipients of hate speech both online and offline. Social media is also known to propagate fake news, making people question these platforms. Social media platforms have also introduced content moderation, where certain speech or expression will be flagged down or declined when it goes against certain stipulated standards.

There is also the continued relevance of mass media in the digital era. Mass media, like television, magazines, billboards, and posters, have evolved in their ways to stay relevant in the digital age. For example, television news, which was originally a one-way communication, has allowed the audience to give feedback through text messages, phone calls, video calls, or tweets on social media platforms. Billboards and posters have also been made more interactive using LED screens. Unlike social media, mass media is subject to reviews to ensure the credibility of the information passed out. Yet, mass media still faces issues like libel, slander, media bias, and editorial reviews, all hampering the growth of free speech.

It is noteworthy that while social media, mass media, and other digital technologies have helped free speech grow, they also come with their challenges in the digital era. Challenges like cyberbullying, harassment, libel, slander, bias, etc. should be addressed for the continued evolution of free speech. And one of the ways of addressing these challenges is through legal frameworks. Legal frameworks[6] Regulations are also one of the ways by which the concept of free speech has evolved in the digital era because they help in informing, protecting, and promoting free speech. Legal frameworks provide rules for the exercise of free speech and provide for penalties in the case of a breach of these rules.

Sadly, it is not enough to have these legal frameworks in place. Despite the existence of these frameworks and regulations, free speech is still not thriving in the digital era. Hence, additional measures must be taken to safeguard and ensure the continued evolution of free speech in the digital era. First and foremost, it is important to provide education and training on the importance of free speech. It is not enough to have legal frameworks to educate the masses, there must also be free education and enlightenment on the concept of free speech at all levels to ensure that people understand the importance of free speech in society. The government should also ensure that the rules and regulations guiding free speech are enforced to discourage people from acting against the law. It is enough to have these rules, these rules must be backed up with penalties in case of violations. There should also be transparency and accountability in the media to promote the concept of free speech.

Conclusion

The concept of free speech is an important one in any society because it is an inherent right that is to be enjoyed by all citizens. With the impact of the digital era, we can tell that free speech has evolved in a great way. Despite its progress in the digital era, the continued growth of free speech is hindered due to the challenges faced in the digital era. To protect and protect the concept of free speech in this digital era, we need to take measures that will solve these challenges, and we must always ensure that free speech keeps evolving in whatever era we find ourselves.

REFERENCES

[1] Cambridge Dictionary, 'Free Speech' (2024) <https://dictionary.cambridge.org/dictionary/english/free-speech> accessed 12 September 2024

[2] For instance, see the 1999 Constitution of the Federal Republic of Nigeria (5th Alteration) 2023 Ch IV ss 38-39

[3] For instance, see the African Charter on Human and Peoples' Rights (21 October 1986) (ACHPR) art 9; Universal Declaration of Human Rights (10 December 1948) (UDHR) art 19

[4] Cambridge Dictionary, 'Digital Age' (2024) <https://dictionary.cambridge.org/dictionary/english/digital-age> accessed 12 September 2024

[5] Packingham v North Carolina [2017] 137 S. Ct. 1730

[6] For instance, see the Information Technology Act, 2000 (IT Act), Cybercrimes (Prohibition, Prevention, etc.) Act, 2015, The Nigerian Communications Act, 2003, The National Information Technology Development Agency (NITDA) Act, 2007)