It is important to note that provisions laid down in law are often breached, contradicted or ignored in practice - in all sectors. Governments sometimes do not create necessary implementing regulations to bring a law into effect. In other instances they might pass contradictory laws or regulations, or they might interpret legislation in ways in which it was not initially intended, or in ways run which counter to freedom of expression principles. In yet other cases, legislation might be in place but is simply ignored altogether.
Thus many countries have constitutions with strong guarantees of freedom of expression but weak implementation of those guarantees. For example constitution of the Ukraine enshrines freedom of expression, however the government has at times practiced extensive censorship and intimidation of the press, for example what freedom of speech organisations called in 2012 the harassment of the country’s only independent television channel, TVi.[i] In Thailand, the constitution provides for freedom of expression but also allows for wide-ranging curbs on that freedom when acting to preserve national security, maintain public order, preserve the rights of others, protect public morals, and prevent insults to Buddhism. In addition, a controversial and frequently used lese-majeste law makes it a crime punishable by 15 years jail for criticizing, insulting, or threatening a member of the royal family.[ii] Defamation is a criminal offense; despite the fact that there is a growing international consensus that criminalization of defamation is a rights violation.[iii]
Legal consistency is also an issue. In Lebanon in 2010, one journalist noted that
[…]regulatory frameworks [were], in the words of Minister of Information Tariq Mitri…“scattered and inconsistent,” “contradictory,” and “old and outdated.” Indeed, laws governing media in Lebanon can be found in the penal code, the Elections Law, the Law of Publications, the Military Justice Code, and the Audio-Visual Media Law, creating a logistical nightmare of overlapping jurisdictions.[iv]
Conversely, there are also instances of official legislation that contravene freedom of expression rights but are not upheld in practice. For example, Norway, which in 2012 ranked 2nd in the world in terms of press freedom,[v] still has a law against blasphemy - an out-dated restriction on freedom of expression. However there have been no cases of legal action pertaining to this law since 1933.[i] “Ukraine: The authorities should stop harassing independent television channel TVi,” (statement) Freedom House webpage, undated, accessed August 24, 2012, http://www.freedomhouse.org/article/ukraine-authorities-should-stop-harassing-independent-television-channel-tvi,
[ii]“Country Reports for Human Rights Practices, Thailand 2011”, Department of State (USA) webpage, accessed August 24, 2012, http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?dlid=186310#wrapper,
[iii] “Libel law violates freedom of expression – UN rights panel”, The Manila Times, January 30, 2012, http://www.manilatimes.net/index.php/news/top-stories/16100-libel-law-violates-freedom-of-expression--un-rights-panel,
and
“Critics Are Not Criminals Campaign Against the Criminalization of Speech”, Committee to Protect Journalists webpage, accessed August 24, 2012, http://cpj.org/campaigns/defamation/cat.php
[iv] Marwan M. Kraidy “Media Reform in Lebanon: New Media, New Politics?” Sada blog, January 26, 2011 http://www.carnegieendowment.org/2011/01/26/media-reform-in-lebanon-new-media-new-politics/6bhn
[v] “Press Freedom Index 2011-2012” Reporters without Borders webpage, accessed August 28, 2012, http://en.rsf.org/spip.php?page=classement&id_rubrique=1043
