Freedom of expression of media in the jurisprudence
of the European Court of Human Rights Cover Image

Freedom of expression of media in the jurisprudence of the European Court of Human Rights

Author(s): Sanja Đorđević
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, EU-Legislation
Published by: Правни факултет Универзитета у Нишу
Keywords: European Convention on Human Rights and Fundamental Freedoms; the European Court of Human Rights; freedom of expression; the media; the principle of proportionality

Summary/Abstract: An important element of the complex human right - freedom of expression, is free and unhindered dissemination of information. Freedom of expression is regulated according to the Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, and represents a right with a specific legal nature due to the fact that it constitutes a link between civil and political rights. The media, as means of mass communication, have a primary obligation of spreading general and complete information about matters of public importance. As primarily transmitters of information in modern democratic societies, the media can be present in a dual capacity: as violators or as beneficiaries of freedom of expression. The European Court of Human Rights has, throughout its jurisprudence concerning the relationship between Art. 10 of the Convention and the role of media in society, defined the European standards for freedom of expression. The most important issues which arose in Court jurisprudence concern hate speech, protection of journalistic sources, criticism of decision-making process and the judiciary, as well as derogation in respect of the proportionality test. Also, a significant shift of the boundary between freedom of expression and the right to respect of private life, as well as the boundary between freedom of expression and defamation, occurred in favor of freedom of expression during the ongoing development of the Court jurisprudence. The identified standards and limitations are primarily addressed to the government and media as dominant actors in the process of exchanging information, bearing in mind their system of permits, and financial power, respectively.

  • Issue Year: LXI/2012
  • Issue No: 61
  • Page Range: 478-496
  • Page Count: 20
  • Language: Serbian