The name of gag law is proposed by those individuals or groups who consider that a law limits freedom in some way. Let's take an illustrative example of a hypothetical nature. In one country, a law is enacted that regulates demonstrations and imposes certain limits on citizens in relation to their ability to freely express their ideas. It is very likely that said legal norm will receive the qualification of a gag law, something that entails a certain controversy, especially in a democratic context.
Technically speaking, a gag is a holding instrument that is placed on a horse's jaw to properly control it. This term is also used as a mechanism used in some machines to stop their operation. In a figurative sense, a gag is anything that prevents us from being able to speak freely. This brief introduction helps us to better understand the meaning of this entry, since a gag law is a legal provision aimed at limiting the free expression of ideas in some sense.
The debate between security and freedom
If we place ourselves in the coordinates of democracy, freedom is a fundamental principle. It is not a simple word, but is embodied in a series of legal provisions that formally recognize freedom of expression, movement, assembly, demonstration, etc. If the recognized freedoms have some type of limitation, it is logical that there are groups that express their discomfort, since they consider that the restrictions imposed by law go against the spirit of freedom, a political achievement that is especially valued in the Western world.
From the perspective by which a gag law is defended, it is normally alleged that it is not about stopping the different freedoms already recognized but about imposing an order in the interests of greater security. Again, it may be useful to resort to an example: a law that prohibits demonstrations in the vicinity of the headquarters of popular representation. According to the promoters of the law, the purpose of it is to defend the representatives of national sovereignty, a circumstance that does not prevent the demonstration in other places. According to the detractors of this legal provision, it is a gag law, since the freedom of demonstration is above any other circumstance and it is not admissible that there be any type of restriction in this regard.
The controversy that is generated with respect to the supposed gag law is framed in a debate that periodically appears in democratic societies: betting on freedom or security or a compromise between the two.
Photo: iStock - Marccophoto
