THE freedom of expression, a cornerstone of democracy and human rights, is under increased strain in South Asia. This vast area, home to nearly a quarter of the world鈥檚 population, boasts of a rich tapestry of cultures, languages and political systems. However, the very diversities often collide with the universal principle of free expression, creating a complex web of challenges. From state-imposed censorship and restrictive legislation to the persecution of dissent and the rise of digital surveillance, the obstacles are manifold. The issues are further exacerbated by political instability, societal intolerance and the use of 鈥榥ational security鈥� as a pretext to silence critics. Overcoming the challenges demands nuanced and context-sensitive approaches that respect cultural norms, ensure genuine security and uphold the fundamental right to individual liberties without compromise.
听
Obstacles
IN SOUTH Asia, the right to the freedom of expression is under siege on multiple fronts despite having been enshrined in the constitutions of most nations in the region. This fundamental right, vital for democratic governance and individual liberty, is frequently curtailed by legislative restrictions, institutional weaknesses and societal pressures. Governments often resort to measures such as stringent laws, media suppression and digital surveillance to control dissenting voices. At the same time, cultural and religious sensitivities, coupled with the spread of misinformation, further complicate the landscape. The region鈥檚 unique sociopolitical dynamics, characterised by diverse ethnicities and fragile democracies, amplify the challenges.
Restrictive legislation and state censorship: Governments across South Asia have enacted laws that curtail the freedom of expression under the guise of national security, public order or morality. In India, the Unlawful Activities (Prevention) Act has been criticised for its use to suppress dissent. Similarly, Pakistan鈥檚 Prevention of Electronic Crimes Act has led to widespread censorship, particularly online. In Bangladesh, the Digital Security Act has resulted in arrests of journalists and activists for social media postings deemed critical of the government. Nepal鈥檚 Electronic Transactions Act has similarly been weaponised to target social media users and journalists for content perceived as defamatory or critical of political leaders, stifling dissent. The laws often have vague provisions, allowing authorities to interpret them arbitrarily and target dissenting voices.
Media suppression and attacks on journalists: The region is marked by increasing attacks on journalists, including harassment, imprisonment and, even, murder. According to the Committee to Protect Journalists, South Asia is one of the deadliest regions for media professionals. In Afghanistan, the return of the Taliban has exacerbated threats to media freedom, with female journalists being disproportionately affected. Many media outlets have shut down under pressure and journalists face imprisonment or execution for challenging Taliban narratives. The Maldives has seen attacks on journalists, including threats, harassment and physical violence. In 2014, Ahmed Rilwan, a journalist known for his critical reporting, was abducted and later declared dead in 2021 after years of speculation. This high-profile case exposed the risks faced by media professionals in the Maldives and highlighted the lack of accountability for such attacks. Press freedom across the region is stifled not only through direct violence but also through economic pressure such as the withdrawal of government advertisements and corporate influence on editorial policies.
Digital surveillance and internet shutdowns: South Asian governments are increasingly leveraging technology for surveillance. In India, frequent internet shutdowns in regions like Jammu and Kashmir have been criticised for undermining free expression and access to information. Bangladesh has also resorted to internet blackouts during protests. Bhutan, although relatively stable politically, has seen rising concern about digital surveillance. Many Bhutanese citizens self-censor online for fears of reprisal for criticising the government or monarchy, effectively narrowing the digital space for dissent. Such measures disrupt communication and access to essential services and foster an environment of fear.
Cultural and religious sensitivities: In a region deeply rooted in diverse religious and cultural traditions, expressions deemed offensive to religious sentiments often provoke severe backlash. Blasphemy laws in Pakistan, for instance, have been used to target minorities and silence critics. In India and Sri Lanka, communal tensions have escalated over alleged insult to religious figures or practices, often leading to mob violence. In Bangladesh, incidents such as the violent reaction to perceived disrespect towards religious texts during festivals underscore how deeply ingrained sensitivities can spark widespread unrest. In Bhutan, the emphasis on preserving Buddhist heritage has led to the suppression of voices that question traditional norms or challenge the cultural status quo. The Maldives, an Islamic nation, imposes strict controls on religious expression. The criticism of Islam or the promotion of other religions is prohibited and can lead to imprisonment. In 2012, the murder of Yameen Rasheed, a liberal blogger who criticised religious extremism, underscored the dangers of speaking out against entrenched religious and cultural norms in the Maldives.
Misinformation and fake news: The proliferation of fake news has undermined public trust in media and created new challenges for the freedom of expression. Misinformation campaigns often lead to communal violence and defamation, compelling governments to introduce regulations that sometimes overreach, stifling legitimate discourse. In India, false WhatsApp forwards have incited mob violence, including lynching based on child abduction rumours. In Bangladesh, fabricated social media postings alleging blasphemy have fuelled communal unrest, such as the 2021 Cumilla incident. In Nepal, misinformation on political figures on social media has deepened polarisation, leading to calls for stricter but potentially repressive regulation.
Judicial constraints and lack of enforcement: While many South Asian countries have constitutional provisions guaranteeing the freedom of expression, weak enforcement and judicial constraints often fail to protect these rights. Courts are often influenced by political pressures, delaying or denying justice in cases involving freedom of speech. In Pakistan, journalists and activists who face threats or legal charges often encounter protracted trials, with courts hesitant to rule against state interests. In Bangladesh, the slow judicial processes under the Digital Security Act have led to the prolonged detention of journalists and activists. Similarly, in Nepal, judicial delays in cases related to the freedom of expression discourage individuals from pursuing justice, perpetuating a cycle of repression.
听
Pathways
ADDRESSING the barriers to the freedom of expression in South Asia requires a multi-pronged and collaborative approach. The complexities of the region鈥檚 political, cultural and technological landscapes demand solutions that strike a balance between safeguarding free speech and maintaining societal harmony. Legislative reforms, independent media and digital rights safeguards are critical in dismantling systemic obstacles. Equally important are initiatives to foster inter-faith dialogue, counter misinformation and strengthen judicial independence. By aligning these efforts with international rights standards and engaging diverse stakeholders, South Asian nations can create an environment where freedom of expression thrives while respecting the region鈥檚 unique context.
Legislative reforms: Revising laws that restrict the freedom of expression is essential. Governments should ensure that legislation aligns with international rights standards such as Article 19 of the Universal Declaration of Human Rights. Vague and overbroad provisions in laws should be amended to prevent misuse.
Strengthening independent media: Promoting a free and independent media ecosystem is critical. Governments and civil society must work together to provide safety and support for journalists, including legal assistance and training on digital security. Media organisations should adopt transparent funding models to minimize corporate and political influence.
Safeguarding digital rights: To combat internet shutdowns and surveillance, South Asian countries should adopt clear and transparent guidelines governing digital interventions. Collaboration with global tech companies to safeguard user data and prevent misuse is also vital. Digital literacy campaigns can help citizens to navigate the online space responsibly.
Promoting inter-faith and cultural dialogue: Efforts to address cultural and religious sensitivities should focus on fostering dialogue and understanding. Educational initiatives that promote critical thinking and tolerance can reduce instances of communal violence. Governments must ensure that blasphemy laws and similar provisions are not weaponised against minorities or dissenters.
Countering misinformation: Developing robust mechanisms to counter fake news without infringing on the freedom of expression is crucial. Governments, tech companies and civil society can collaborate on fact-checking initiatives and public awareness campaigns. Promoting media literacy can empower citizens to critically evaluate information.
Judicial independence and accountability: Ensuring judicial independence is key to protecting the freedom of expression. Legal reforms should aim to insulate the judiciary from political interference. Establishing fast-track courts for cases involving media and speech rights can expedite justice.
听
Regional cooperation
REGIONAL organisations like the South Asian Association for Regional Cooperation have the potential to act as catalysts for promoting the freedom of expression across the region. By creating platforms for dialogues among member states, SAARC can encourage governments to share experiences, best practices and policy frameworks that support the free exchange of ideas. Such cooperation can lead to the development of regional standards to address shared challenges, such as combating misinformation and ensuring the safety of journalists. Additionally, joint initiatives such as regional fact-checking networks or cross-border digital rights campaigns can create a unified front against threats to freedom of expression, fostering a culture of accountability and transparency across South Asia.
听
Role of civil society
CIVIL society organisations are vital in advocating for the freedom of expression and holding governments accountable for violations of this fundamental right. These organisations amplify voices of marginalised communities, ensuring their concerns are heard in public and policy forums. Grass-roots movements can particularly create public awareness of the critical role of free expression in fostering democracy and social progress. Partnerships between local and international non-governmental originations can enhance the capacity of civil society actors by providing resources, training, and platforms for coordinated advocacy. By collaborating on initiatives such as legal aid for persecuted journalists, media literacy campaigns, and documentation of human rights abuses, civil society can create sustainable momentum for protecting and advancing freedom of expression in the region.
The freedom of expression is not only a fundamental human right but also a cornerstone of democratic societies, enabling individuals to voice their opinions, hold power accountable and contribute to social progress. In South Asia, safeguarding this right demands a unified and sustained effort from governments, civil society, media organizations, and ordinary citizens. The challenges, ranging from restrictive laws and media suppression to misinformation and cultural sensitivities, are, indeed, substantial.
However, they are far from being insurmountable. By fostering an environment of inclusivity, transparency and collaboration, the region can address these barriers effectively. Prioritising legislative reforms, protecting independent journalism, promoting media literacy and building cross-border alliances can help to nurture a culture where the freedom of expression is valued and protected. Such a future would not only empower individuals to freely share ideas but also fortify the foundations of democracy and resilience in the diverse societies of South Asia.
听
Musharraf Tansen is a development analyst and former country representative of Malala Fund.