Freedom of expression, information, misinformation and human rights Cover Image
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Libera exprimare, informare, dezinformare şi drepturile omului
Freedom of expression, information, misinformation and human rights

Author(s): Andreea Claudia Agapie
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Universul Juridic
Keywords: censorship; free access to information; freedom of expression;

Summary/Abstract: The issues addressed in this article are based on the action of April 27th, 2020, of the Romanian People's Advocate, which asked the Strategic Communication Group to provide information and clarifications on restricting freedom of expression (specifically to explain why access was blocked to the public on certain digital platforms, in the context of the evolution of the SARS-CoV-2 epidemic). We will analyze in detail the proposal of the Strategic Communication Group dated March 18th, 2020, addressed to the National Authority for Administration and Regulation in Communications regarding the deactivation of a site that transmitted news considered to be false. The request of the People's Advocate aimed at clarifying some aspects regarding: the procedure for notifying and monitoring the occurrence of false news; the way of analyzing false news; the existence or non-existence of ways to warn the population about false news. The People's Advocate appreciated that the actions of closing the digital sites and platforms that “presented false news” represent a form of censorship of freedom of expression and a violation of free access to information: “actions of a nature to censor any of the freedoms (freedom of expression, free access to information) can lead to serious interference with fundamental rights and freedoms”.

  • Issue Year: 2020
  • Issue No: 03-04
  • Page Range: 152-164
  • Page Count: 13
  • Language: Romanian