Article 25 is the first link in the chain of press freedom and the most absolute: it contains no ground of limitation at all.
The Full Text of the Article
Article 25 - Everyone has freedom of thought and opinion.
No one may be compelled to reveal their thoughts and opinions for any reason or purpose whatsoever; no one may be blamed or accused on account of their thoughts and opinions.
Two Sentences, Two Separate Guarantees
| Sentence | Guarantee | Scope |
|---|---|---|
| First paragraph | The freedom to hold thoughts and opinions | The inner world - unlimited |
| Second paragraph | Not being compelled to reveal, not being blamed and not being accused | The right to remain silent and the prohibition of sanction |
The Difference Between Art. 25 and Art. 26
These two articles are often confused. The distinction is clear:
| Issue | Art. 25 - Thought and opinion | Art. 26 - Expression and dissemination |
|---|---|---|
| What does it protect? | Holding a thought and not revealing it | Expressing and disseminating a thought |
| Ground of limitation | None | Listed in Art. 26/2 |
| Sanction | May not be blamed or accused | Responsibility may arise within the framework of the grounds of limitation |
Even in a State of Emergency
Art. 15/2 of the Constitution, in listing the core that may not be touched even in a state of emergency, includes this article: no one may be compelled to disclose their religion, conscience, thought or opinions, nor be accused on that account.
Its Counterpart in Reporting
- A journalist may not be asked to state their view; their silence may not be tied to a sanction.
- A journalist may not be subjected to a professional sanction on account of the opinion they hold.
- Responsibility may be established only over the content expressed and on the grounds in Art. 26/2.
The Whole Chain
| Article | What does it protect? |
|---|---|
| Art. 25 | Thought and opinion - holding it and staying silent |
| Art. 26 | Expression and dissemination; receiving and imparting news or ideas |
| Art. 27 | Science and art - learning, teaching, expressing, disseminating, researching |
| Art. 28 | Press freedom - the press is free and may not be censored |
| Art. 29 | The right to publish periodicals and non-periodicals - no prior permission or financial guarantee |
| Art. 30 | The protection of press equipment |
We cover the continuation of the chain in the Art. 26 guide and the Art. 28 guide.
Summary
Art. 25 of the Constitution recognises freedom of thought and opinion without providing any ground of limitation. For any reason or purpose whatsoever, no one may be compelled to reveal their thoughts and opinions; no one may be blamed or accused on account of them. That guarantee may not be suspended even in a state of emergency under Art. 15.