Racjonalizacja wolności prasy — od modelu absolutnego do warunkowego. Europejski i krajowy kontekst wykładni prawa
Rationalisation of the Freedom of the Press — From an Absolute to a Conditional Model: The European and National Contexts

Summary/Abstract: The freedom of the press is very highly placed in hierarchy of values legally protected in nationaland international legal order. The manner and scope of the protection of the freedom of the press isdetermined not only by the standards of domestic law, but, above all, the standards of international law. They set the standard of freedom of the press binding on the countries which are signatories of international agreements on which this standard has been established. Any violation of the European standard of freedom of the press constitutes the reason for incriminating a particular state and justifies the application of the recourse for compensation against it. The aim of the article is to examinethe changes occurred within the European law in the sphere of protection of freedom of expression. In particular, it is aimed at pointing out the process of giving up the model of absolute freedom ofthe press in favour of the conditional model proposed in domestic legal systems of Member Statesof the Council of Europe. An analysis is made of both historical and current case law of the European Court of Human Rights. The author also identifies the relationship between the position taken by the Court of Human Rights and the views expressed by the Court of Justice of the European Unionon the basis of the Charter of Fundamental Rights.

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