LIBERTATEA DE EXPRIMARE: ECHILIBRU ÎNTRE PROTECŢIA DREPTULUI ŞI LIMITELE LEGII
FREEDOM OF EXPRESSION: A BALANCE BETWEEN PROTECTING THE RIGHT AND THE LIMITS OF THE LAW

Summary/Abstract: Freedom of expression is vital to any free society; it safeguards autonomy and individual liberty and enables the free flow of information and opinions. It is an inviolable right, but at the same time it entails responsibility and accountability. Responsibility entails respecting certain limits that must not be exceeded through the abusive exercise of the right, nor should freedom of expression be sanctioned outside legal limits. Interference with freedom of expression must be provided for by law, pursue a legitimate aim, and be necessary in a democratic society. The proper and healthy functioning of a society depends on the protection of freedom of expression. No person should be punished for expressing their own beliefs, especially if the limits imposed by law are not violated. There are situations in which freedom of expression conflicts with the rights of others, and a fair balance must be struck to prevent the infringement of others’ rights. Exceeding the limits of freedom of expression gives rise to sanctions, which must be justified and proportionate. As it is essential for the development of a society, the state must provide individuals with the necessary framework for exercising this right, and its interference must be kept to a minimum.

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