Regarded as one of the most important human rights, the courts have stated that there is no difference between the protection offered by the common law, and that guaranteed by the European Convention on Human Rights[5]. The freedom of expression of Members of Parliament is encouraged and guaranteed by parliamentary privilege.

The right can be restricted where it is justified in the public interest, for example where national security concerns prevail (see the case of Ponting) or where countervailing interests of privacy, public order or religious tolerance must take priority. In addition, the law may also require that in certain situations information is kept confidential or may place a restriction on its dissemination. This is the case of the confidentiality and defamation laws, as well as the offence of contempt of court. Television, radio and other broadcast media are also subject to legal regulation (see for example the Press Complaints Commission and Ofcom).

Freedom of conscience is related to the freedom of expression and allows an individual to hold certain views without fear of persecution, it also includes the freedom of religion.