Analyzing the Current Right to Freedom of Speech and Expression in Fiji

With the growing concern on the contravention of the freedom of expression in the Pacific, a lot of countries are being urged to sign the International Covenant on Civil and Political Rights to address these contraventions. The Covenant states that the right to freedom of expression can be justifiably limited on the condition that the legitimate limitation is provided by a law that is necessary to either protect the rights and reputations of others or for the protection of national security, public order, public safety, public health or public morals. <br><br>Many countries have ratified the Covenant and incorporated the objectives into the state laws, including Fiji. Despite of recognizing it in the 2013 Constitution, the violation of these rights are still evident in Fiji. This can be attributed to the fact that there are some inconsistencies between the Fiji laws and the ICCPR that regulate the right to freedom of expression and other interconnected rights such as the right to assembly and association and political rights. The various cases on limitation of freedom of expression in Fiji further indicates that the limitations imposed are not proportionate to the right to expression which makes the limitations unjustifiable. <br><br>Thus this thesis will demonstrate as to how the current laws of Fiji unjustifiably limit the right to freedom of speech and expression in Fiji. The paper will first identify and provide an extensive discussion on the laws of Fiji and the ICCPR that regulate the right to freedom of speech and expression. Then, it will critically analyze the laws of Fiji in light of the ICCPR. This critical analysis will help to identify the similarities and differences between the international laws and Fiji laws. Eventually, the laws that limit the right to freedom of expression in Fiji will be subjected to the test prescribed by the Covenant to ascertain whether the limitations prescribed by the Fiji law are justifiable or unjustifiable and whether it is in line with the international standard or not. <br><br>If majority of the laws fail to conform to the international standard, then it can be said that the limitations clause in Fiji is unjustifiable and may result in the violation of the right to freedom of expression in Fiji. Thus these laws will need to be drafted in light of the prescribed international standard under the ICCPR to prevent the unjustifiable limitation of the right to freedom of expression in Fiji.