Chapter one

Introduction
1.1 background of the study

Globally, freedom of expression is fundamental for constitutional democracy. its application

encounters limits in the preservation of fundamental values and principles of society, thus
contributing to the understanding of the complexities of this juridical-democratic balance.
Freedom of expression is a fundamental and essential right for democracy. it is important to
emphasize that this freedom should not be used as a shield for the commission of criminal acts.
Hate speech, threats, defamation, and false information disseminated on the internet can cause
irreparable damage to individuals and groups, in addition to undermining the environment for
healthy public debate. It is therefore crucial to strike a balance between protecting freedom of
expression and effectively combating cybercrime to safeguard the integrity of fundamental rights
and promote a safe and responsible digital society (Silva, 2023).

The right to freedom of expression is granted to the citizens, with a responsibility to respect the
rights of other citizens. As much as this right is one of the significant features of a democratic
country, it is often used to justify disrespect to minorities in many parts of the world. Speech is
composed of thought and action. Thought is free, while action must be suppressed when it is
harmful. The limitations of freedom of expression are recognized under the International
Covenant on Civil and Political Rights and the European Convention on Human Rights. Those
limitations are designed to serve different objectives that may include national security, territorial
integrity, public safety, morals, health, a person’s dignity, or religious sentiments.
Freedom of expression is part of human interaction and is shaped by ideological factors created
by the humans, on individual as well as on group level (Shafiq, 2025).

Montesquieu, one of the democracy theorists, stated that the freedom of expression is the most
important freedom, and he emphasized the importance of a free environment, This is because the
freedom of expression can only become functional and the democratic organizations will be able
to continue and develop when a free environment is provided (Ayhan Dolunay, 2017).
In Africa, freedom of expression and the right to access information are fundamental human
rights enshrined in international frameworks such as the International Covenant on Civil and
Political Rights (ICCPR) and the European Convention on Human Rights (ECHR). These rights
serve as essential pillars for democratic governance and societal development. However, their
interpretation and implementation differ across nations due to socio-political, cultural, and legal
dynamics (Gai Peter Manyuon, 2025).
Freedom of expression is one of the fundamental rights guaranteed under the FDRE Constitution.
Nevertheless, as is the case for most of the rights recognized in this Constitution, there is still no
corpus of academic exposition and judicial doctrine developed to elucidate on such matters as the
scope, content and limitations of freedom of expression (Timothewos, 2010).

In Somaliland, Freedom of expression is protected by Article 32 of the Somaliland constitution,

which incorporates Article 19 of the Universal Declaration on Human Rights into Somaliland
law, as stipulated by Article 10(2)1. Freedom of expression is deemed one of the essential
foundations of a democratic society, nonetheless, it is crucial to highlight the decreasing rate at
which the Somaliland government has violated this freedom. Authorities have subjugated the
right to exercise freedom of expression to a total of 28 people during this reporting period,
excluding journalists. Most notably, Somaliland authorities often use intimidation tactics and
harassment, actively suppressing these rights with authorities engaging in actions that stifle
public discourse and dissent2. Freedom of expression in Somaliland has encountered growing
challenges, marked by restrictive laws, harsh government crackdowns, and a widespread climate
of fear that suppresses free speech and human rights ( Chairperson, 2024).
1.2. statement of problem
Issues related to violation of freedom of expression are world wide problems, especially in
developing counties, that face weak legal institution, such as Somaliland (Zeinab Y. [Link],
2017)

Despite Article 32 of the Somaliland constitution guarantees of freedom of expression, there is

number of reports that states there is number of civilians and journalists being arrested for their
expression ( Chairperson, 2024). This suggests that there is a gap between legal protections and
actual practice, rising concern about the supremacy and effectiveness of constitution and the
functioning of institutions responsible for safeguarding it ( Chairperson, 2024). How ever this
research will analyze this gap and examine the balance between democratic value and
legitimate limitation on freedom of expression.

1.3 significance of the study

This study contributes to the existing body of knowledge by deepening the understanding of the
relationship between constitutional law and freedom of expression. It examines how
constitutional provisions are interpreted and applied in practice, highlighting the gap that often
exists between legal guarantees and their actual enforcement. By analyzing both theoretical
foundations and real-world challenges, the research provides a more comprehensive perspective
on how freedom of expression operates within a constitutional framework, particularly in
developing legal systems.

In addition, the study seeks to raise awareness within society about the importance of freedom of
expression as a fundamental human right. It emphasizes not only the rights individuals possess
but also the responsibilities that accompany those rights, including respect for public order,
national security, and the rights of others. By clarifying the concept of legitimate limitations, the
research helps individuals better understand the boundaries within which freedom of expression
can be exercised lawfully and responsibly.

Furthermore, this research is expected to be valuable to a wide range of stakeholders, including

academic students, policymakers, legal practitioners, and government institutions. For students
and researchers, it offers a solid foundation for further academic inquiry. For policymakers and
government bodies, it provides insights that may inform the development of more effective laws
and policies. Legal practitioners may also benefit from the analysis in interpreting and applying
constitutional provisions in their work.

Ultimately, the study aims to contribute to reducing recurrent violations of freedom of expression
by promoting a clearer understanding of the law and encouraging stronger institutional
accountability. By addressing both legal theory and practical implementation, it aspires to
support the development of a more just and rights-respecting society.

1.4 scope of the study

This study focuses on freedom of expression under constitutional law, with particular attention to
Article 32 of the Somaliland Constitution. It examines the balance between democratic values
and legitimate limitations on freedom of expression. It is also limited to Somaliland.

The research covers developments from 2017 to 2026, with a focus on recent legal practices. It
also reports violations and institutional responses. Early historical developments are only briefly
discussed in this research.

1.5 Description of the study area

This study is conducted in Hargeisa, the capital of Somaliland, which serves as the political,
administrative, and legal center of the country. Hargeisa provides an appropriate setting for
analyzing freedom of expression due to its concentration of government institutions, courts,
media organizations, and civil society actors. As the most developed urban center in Somaliland,
the city has a vibrant public sphere where individuals actively participate in political and social
discussions through traditional and digital platforms. This environment makes it highly relevant
for examining how constitutional guarantees of freedom of expression operate in practice,
particularly within a developing legal and democratic system.

Despite the constitutional recognition of freedom of expression, its practical implementation in

Hargeisa reflects an ongoing tension between democratic values and legitimate limitations.
Public discourse in the city is influenced not only by formal legal rules but also by cultural
norms, political sensitivities, and concerns related to national security and public order. These
factors sometimes lead to restrictions on speech, especially in cases involving criticism of public
authorities or dissemination of controversial information. As a result, Hargeisa offers a realistic
context for assessing the gap between constitutional theory and actual practice, highlighting the
challenges of maintaining a balance between protecting individual freedoms and preserving
societal stability.

Institutionally, this study focuses on key bodies involved in the interpretation and regulation of
freedom of expression, particularly the Hargeisa Regional Court and the Ministry of Information
Somaliland. The court plays a central role in adjudicating cases related to fundamental rights and
provides insight into how legal principles are applied in resolving disputes involving expression.
Meanwhile, the Ministry of Information regulates media activities and influences the boundaries
of permissible speech through its policies and administrative actions. Together, these institutions
illustrate how constitutional principles are implemented in practice and demonstrate the complex
interaction between legal protection, regulatory control, and democratic values in Somaliland.

1.6 objectives of the study

1.6.1 general objectives
The purpose of this study is to balance democratic value with legitimate limitations of freedom
of expression under constitutional theory, especially in Somaliland constitution.

1.6.1 general objectives

1. to examine the constitutional foundation of freedom of expression in Somaliland
2. to analyze the role of democratic value of freedom of expression such as
participation in Somaliland
3. to identify and evaluate legitimate limitation imposed on freedom of expression
4. to assess the role of judicial institutions on freedom if expression
5. to analyze the role of executive on freedom of expression such as ministry of
information

1.7 limitations

This study encountered several limitations that may have affected the depth and
comprehensiveness of the findings. One of the main limitations was the inadequacy of available
literature and academic resources on the subject matter under investigation. Although freedom of
expression is widely discussed in constitutional theory, there is limited locally produced
scholarly work specifically focusing on Somaliland’s legal and institutional context. Most of the
available sources are general or comparative in nature, which made it difficult to obtain detailed,
context-specific analysis.

In addition, some relevant materials such as court reports, legal commentaries, and official
documents were not easily accessible, which restricted the ability to fully explore the practical
application of constitutional provisions within the local legal system.

Another limitation was the difficulty in accessing key information and official documents from
relevant institutions. Certain government offices and legal institutions were not fully open to
public research inquiries, and in some cases, access to case files, internal records, or procedural
documents was limited or unavailable. This was partly due to administrative procedures,
confidentiality rules, and restrictions on the release of sensitive institutional information. As a
result, the study had to rely more on secondary sources, public reports, and general observations
rather than direct institutional data. These constraints may have limited the level of detail in
analyzing specific cases involving freedom of expression.

Overall, these limitations did not invalidate the study but may have influenced the depth of
analysis. The researcher attempted to address these challenges by using multiple available
sources and ensuring that the collected information was carefully cross-checked to maintain
accuracy and reliability.