ABSTRACT

This chapter provides an overview of the most important legal instruments and public policies on freedom of expression at the UN, EU and national levels. It highlights the dual nature of freedom of expression as both non-censorship and the promotion of diverse voices. The chapter explores how these principles are justified and embedded in democratic frameworks, with a focus on the state’s role in enabling free speech.

By addressing the intersection of freedom of expression with anti-gender hate speech, the chapter examines how balancing freedom of expression with other democratic values, such as gender equality, remains a challenge. It also identifies gaps in current regulatory approaches and discusses the implications of these shortcomings for democracy and pluralistic discourse.

Finally, the chapter emphasises the importance of an active state (or other regulative bodies) to integrate non-censorship with diversity of voices to ensure that freedom of expression serves the common good and strengthens democratic processes.