Freedom of expression and the right to privacy are some of the basic cornerstone of democratic principles in most countries. The balance between freedom of expression and the right to privacy have always been a delicate issue that has always been the subject of legal and social scrutiny. But there is often a trade off involved. Society may set the dividing line between these two freedoms. When one advances, the other has to give way. There is no absolute freedom of speech or expression because if there is, privacy issues may arise. In the light of today’s national security concerns, such claim to absolute privacy is unrealistic, if even attainable. This is because the Internet has grown to new heights such that people have found new and easier ways to express their thoughts on different matters. The Internet has been a boon to those unheard voices.
Government regulators, civil society groups, advocacy groups, and the judicial system help ensure that a certain degree of balance is in place to guard both freedoms. Laws and regulation of information have been enacted by different countries to protect both freedom of expression and the right to privacy of individuals and businesses. In Europe for example, the Committee of Ministers of the Council of Europe has adopted a declaration on freedom of communication on the Internet (2003, p. 19). [1] In adopting this declaration, the Committee expressed concerns about attempts to limit public access to communication on the Internet for a variety of reasons while ensuring that this online freedom of expression does not prejudice human dignity and the right to privacy. On one hand, there is also legislation that provides for preventive surveillance and the massive collection of communications data of Internet users around the world “just in case” these would later be needed by authorities (Irion, p. 26). [2] . However, this is often done without due care and strict oversight. Sometimes, governments argue that this form of...