The freedom of speech as a limit for the incrimination of conducts in the cyberspace Cover Image

La liberté d’expression comme une limitation de l’incrimination des actes commis dans le cyber espace
The freedom of speech as a limit for the incrimination of conducts in the cyberspace

Author(s): Dorel Herinean
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Human Rights and Humanitarian Law
Published by: Facultatea de Drept, Universitatea din București
Keywords: freedom of expression;incriminating norms;offenses;cyberspace;ECHR;

Summary/Abstract: The article analyzes the intersection between freedom of expression and the incriminating norms that may apply in cyberspace, as well as the general limits, from penal, social, and logistical perspectives, that freedom of expression imposes on the incrimination, detection, and sanctioning of offenses, and vice versa, the limits that the latter impose on the right to freedom of expression. The article includes both an analysis of applicable incriminating norms and an analysis of ECHR case law regarding the intersection between criminal law and freedom of expression.

  • Issue Year: 2026
  • Issue No: 1
  • Page Range: 12-33
  • Page Count: 22
  • Language: French
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