Public Order and Public Morality - Are There Exceptions?

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The concept of public morality is difficult to define, and also continues to hold a lack of clarity as to what is actually being protected. The concept of morals is derived from various social, religious, and philosophical traditions, so the purpose of protecting morals have to be based on principles that are not derived from one single tradition, and any limitations must have the ability to be understood in light of universality of human rights and the principle of non-discrimination.

To identify the permissible limitation on freedom of expression, it is important to put particular emphasis on the premise that embracing the full scope of the right to freedom of expression is a pre-requisite to addressing the limitations on the right. The question of where to draw the boundaries between the right to freedom and advocacy of hatred and discrimination can be best answered in context and with due regard to the conditions of the society at the time. Freedom of expression is a right that the state grants to its people and in order to do so, the state is required to combat the advocacy of hatred and discrimination because this is a central value for promoting peaceful coexistence in a multicultural society.

The idea of public order and morality are two very complicated and dynamic concepts that need to be dealt with, with the utmost delicacy because the slightest upset to the balance of society could produce unrest.

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References

Eltayeb, M. M. (2015). THE QUEST FOR PERMISSIBLE LIMITATIONS ON FREEDOM OF

EXPRESSION: PUBLIC ORDER AND PUBLIC MORALITY EXCEPTIONS. Review of Faith & International Affairs, 13(1), 69-74. doi:10.1080/15570274.2015.1005914

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