DANGEROUS EXPRESSIONS: THE ECHR, VIOLENCE AND FREE SPEECH

2014 ◽  
Vol 63 (2) ◽  
pp. 491-503 ◽  
Author(s):  
Antoine Buyse
Keyword(s):  
Human Rights ◽  
Free Speech ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Case Law ◽  
Grey Zone ◽  
Prevention Of Violence ◽  
European Court

AbstractHow should one balance the freedom of expression and the prevention of violence? This article delves into the grey zone between hate speech and incitement to violence by assessing the jurisprudence of the European Court of Human Rights in cases of allegedly dangerous speech. Rather than labelling this case law as simplistic, as some critics even within the Court have done, it is shown that the jurisprudence reveals cleavages within the Court on whether to adopt a more or less consequentialist approach on the links between speech and violence. Freedom of expression cases should preferably be assessed on the merits under Article 10 ECHR since this allows for a balancing of the various interests involved. The application of the abuse of rights clause of Article 17 ECHR is for that very reason undesirable, in addition to its inconsistent use by the Court.

scholarly journals Szabadság határokkal, avagy európai útmutató a szólásszabadság jogszerű gyakorlásához

2019 ◽  
Vol 18 (3-4) ◽  
pp. 25
Author(s):  
László Vári
Keyword(s):  
Free Speech ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Case Law ◽  
European Law ◽  
Fake News ◽  
European Court ◽  
The Press ◽  
The Everyday ◽  
New Challenges

Az online kommunikációs tér kínálta lehetőségekkel, illetve annak egyre terjedő használatával felértékelődött a vélemény és a kifejezés szabadságának jelentősége, a mindennapok szóhasználatával pedig a szólás- és sajtószabadság szerepe. Nemcsak azért, mert a mobil világ kiváló, eddig nem ismert lehetőségeket hordoz magában a szabadságjog gyakorlásához, érvényesüléséhez, hanem mert a digitális korban újabb, eddig ismeretlen vagy kevésbé jelentős problémák is felerősödnek. A félrevezető és álhírek, a profilfelfüggesztés, a kommenttörlés, a rágalmazás, és a gyűlöletbeszéd még sokáig lehetne sorolni azokat a problémákat, melyek egytől egyig a kifejezés szabadságának jogszerűtlen gyakorlatára vezethetők vissza. Mindezek nemcsak egyéni, de társadalmi szinten is komoly veszélyt jelentenek, így befolyásolva a demokratikus társadalmakat és azok fejlődését. Éppen ezért válik jelentőssé az a kérdés, hogy hogyan lehet a szólásszabadság sérelmére visszavezethető problémákat kiküszöbölni, és az említett kihívásokra megoldást találni. A következő oldalakon a nemzetközi és európai jogból, azok magyarázataiból és az európai joggyakorlatból kiolvasható válaszokat gyűjtjük össze, hogy rávilágítsunk a jogsértések okaira, és európai megoldásokat keressünk azok orvoslására. --- Liberty with limitations, a European guide to the rightful exercise of the freedom of expression In the digital age, in line with the opportunities of cyberspace and the increasing use of mobile communication the importance of freedom of expression, the so-called free speech and freedom of the press have become more salient. Not only because they carry new opportunities for the practice and the prevalence of freedom, but because new challenges emerge alongside new opportunities. Misleading and fake news, profile suspensions, deleted comments, defamation, hate speech and many other problems, can all stem from the violation of the freedom of opinion and expression. These violations of freedom carry dangers both at an individual and sociatal level, thus influencing the everyday life of democratic societies and their development. Therefore, the question becomes crucial: how can we fix these problems and provide the best solution to these challenges. In the following we will explore international and European law, their explanations and the case-law of the European Court of Human Rights in order to find European explanations behind the reasons for violations, as well as legal solutions for exercising freedom of expression. Keywords: freedom of expression, international and regional freedom of expression law, European case-law, 3rd party liability, public watchdogs, misleading and fake news, defamation, hate speech, copyright

Circumnavigating the Conflict between the Right to Reputation and the Right to Freedom of Expression

2017 ◽  
Author(s):  
Leto Cariolou
Keyword(s):  
Human Rights ◽  
Free Speech ◽  
Freedom Of Expression ◽  
Case Law ◽  
Protective Measures ◽  
European Court ◽  
Key Features ◽  
The Right

This chapter analyses key features of the purported conflict between the right to free speech and the right to reputation in the context of the case law of the European Court of Human Rights. The chapter addresses two questions. How can it be that the right to free speech and the right to reputation co-exist as equal, when they can require directly opposite results or protective measures? Second, how can the seemingly inescapable conflict between them be principally reconciled without leading to inconsistent outcomes, depending on how the claims on which they are grounded are framed and adjudicated? The chapter argues that, in adjudicating defamation cases, the ECtHR employs in principle substantive reasoning aimed at delineating or defining the content of both rights, which effectively circumnavigates the conflict between them. Thus the limits of freedom of expression are set where protection of the right to reputation begins; and vice versa.

7. Freedom of religion and expression

2017 ◽  
Author(s):  
Bernadette Rainey
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
European Convention ◽  
Freedom Of Religion ◽  
Essential Information ◽  
European Court ◽  
State Restriction ◽  
The Uk ◽  
The Right

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on freedom of religion and freedom of expression, which are classified as qualified rights, and examines Article 9 of the European Convention on Human Rights (ECHR), which explains the right to hold or not hold a belief as well as the right to manifest a belief. It also considers how the European Court of Human Rights (ECtHR) decides if there has been manifestation of belief, interpretation of Article 10 with respect to views that shock and disturb and some forms of hate speech, and state restriction of expression. The chapter concludes with a discussion of freedom of religion and expression in the UK.

18. Freedom of Expression

2017 ◽  
Author(s):  
Bernadette Rainey ◽  
Elizabeth Wicks ◽  
Andclare Ovey
Keyword(s):  
Social Media ◽  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Case Law ◽  
European Convention ◽  
Free Expression ◽  
The Internet

This chapter examines the protection of the freedom of expression in the European Convention on Human Rights, discusses the provisions of Article 10, and explains that the majority of cases concerning Article 10 are brought by persons who have received some penalty for defaming or insulting other people. It analyses what constitutes an interference with free expression and considers the limitations on freedom of expression. The chapter also examines the judgments made by the Strasbourg Court on several related cases, including those that involved incitement to violence and hate speech, obscenity, and blasphemy. It also covers the development of case-law concerning social media and the internet.

Jacobs, White, and Ovey: The European Convention on Human Rights

2017 ◽  
Author(s):  
Bernadette Rainey ◽  
Elizabeth Wicks ◽  
Clare Ovey
Keyword(s):  
Human Rights ◽  
Member State ◽  
Freedom Of Expression ◽  
Case Law ◽  
Private Life ◽  
European Convention ◽  
Political Climate ◽  
Seventh Edition ◽  
European Court ◽  
Forced Labour

Nearly seventy years after the founding of the European Court of Human Rights it has dispensed more than 20,000 judgments and affects the lives of over 800 million people. The seventh edition of Jacobs, White & Ovey: The European Convention on Human Rights provides an analysis of this area of the law. Examining each of the Convention rights in turn, this book lays out the key principles. Updated with all the significant developments of the previous three years, it offers a synthesis of commentary and carefully selected case-law, focusing on the European Convention itself rather than its implementation in any one Member State. Part 1 of the book looks at institutions and procedures, including the context, enforcement, and scope of the Convention. Part 2 examines Convention rights in terms of many aspects, including rights to remedy, rights to life, prohibition of torture, protection from slavery and forced labour, and family and private life. Part 2 also examines the freedom of thought, conscience, and religion; the freedom of expression; and the freedom of assembly and association. The rights to education and elections are considered towards the end of Part 2, as are the freedoms of movement and from discrimination. Part 3 reflects on the achievements and criticisms of the Court and examines the prospects and challenges facing the Court in the present political climate and in the future.

scholarly journals Internet and freedom of expression in the case law of the European Court of Human Rights

2020 ◽  
Vol 54 (3) ◽  
pp. 1023-1042
Author(s):  
Ljiljana Mijović
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Case Law ◽  
Private Life ◽  
European Convention ◽  
The Internet ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Right ◽  
And Control

Internet as a means of communication, whatever the type of information it might be used for, falls within the exercise of the right to freedom of expression, as guaranteed by Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. As established in the European Court's case law, freedom of expression constitutes one of the essentials of a democratic society, therefore limitations on that freedom foreseen in Article 10 § 2 of the Convention are to be interpreted strictly. In order to ensure effective protection of one's freedom of expression on the Internet, States bear a positive obligation to create an appropriate regulatory framework, balancing the right to freedom of expression on one and the limitations prescribed in Article 10 § 2, on the other hand. Special attention in doing so is to be paid to the risk of harm posed by content and communications on the Internet to the exercise and enjoyment of other human rights and freedoms guaranteed by the European Convention, particularly the right to respect for private life. While it is the fact that the electronic network, serving billions of users worldwide, will never be subject to the same regulations and control, because of the national authorities' margin of appreciation, the European Court established commonly applicable general principles regarding the Internet as a media of exercising right to freedom of expression.

scholarly journals Freedom of expression and reputation protection in the European Court of Human Rights practice.

2021 ◽  
Vol 3 (3) ◽  
pp. 39-44
Author(s):  
Andriy Kuchuk
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Private Life ◽  
Clear Understanding ◽  
Human Rights Practice ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Right

The article is devoted to the issue of understanding freedom of expression and reputation protection by the European Court of Human Rights. New opportunities to exercise the right to freedom of expression arise and opportunities to implement the right to freedom of expression as well as the possibilities for defamation increase within a democratic and information society. It is emphasized that within a law-based state guarantees provided to the press are of particular importance, as the media should disseminate information and ideas of public interest, and the public has the right to receive such information and ideas. A clear understanding of the content of the right to freedom of expression and the right to reputation protection is the basis for resolving the issue of finding a balance between them, which designates the relevance of the study. The paper elucidates the results of the European Court of Human Rights decisions analysis under Articles 8 and 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the right to privacy and the right to freedom of expression). Emphasis is placed on the various features of these rights and the peculiarities of their implementation in different circumstances. It is pointed out that the domestic judicial system actively uses the European Court of Human Rights practice in resolving cases related to reputation protection. Attention is placed on the fact that freedom of expression does not extend to hate speech. The spread of the right to reputation protection as for defamation of family members and relatives is analyzed. Emphasis is placed on the dynamic approach of the European Court of Human Rights towards the interpretation of the Convention for the Protection of Human Rights and Fundamental Freedoms. Even before the beginning of 2000, the European Court of Human Rights noted that the protection of reputation does not fall under the protection of the Convention for the Protection of Human Rights and Fundamental Freedoms. The study describes the genesis of the positions of the European Court of Human Rights on a person’s reputation protection. It is stated that a person’s right to protection of his or her reputation is covered by Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms as part of the right to respect for private life (provided that causing considerable damage to reputation if it affects a person’s private life).

The right to the protection of religious feelings versus freedom of expression in the light of the Constitution of the Republic of Poland and the European Convention on Human Rights

2019 ◽  
Vol 1 (2) ◽  
pp. 58-83
Author(s):  
Janusz Roszkiewicz
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Case Law ◽  
Point Of View ◽  
European Convention ◽  
Constitutional Court ◽  
A Value ◽  
European Court ◽  
The Republic ◽  
The Right

This article concerns the right to the protection of religious feelings as a value which justifies a restriction of freedom of expression. The right to the protection of religious feelings can be protected by three methods: civil, penal and administrative. The issue is discussed from the point of view of the Constitution of the Republic of Poland and the European Convention on Human Rights, with particular emphasis on the case-law of the Polish Constitutional Court and the European Court of Human Rights in Strasbourg.

European Standards of Parliamentary Publicity

2021 ◽  
Vol 1 (1) ◽  
pp. 47-72
Author(s):  
Flóra Szalai ◽  
Boldizsár Szentgáli-Tóth
Keyword(s):  
Human Rights ◽  
Free Speech ◽  
Case Law ◽  
Modern Technology ◽  
European Countries ◽  
Broad Definition ◽  
European Court ◽  
European Standards ◽  
Definition Of

Abstract Our study will provide a broad definition of parliamentary speech, and on this ground, we will assess, whether there are unitary European standards of parliamentary free speech. For this purpose, we will distinguish external and internal aspects of parliamentary publicity, and we will analyse, which are the proper basis to restrict these crucial values. The parliamentary law and practice of a great number of European countries will be taken into account, and also the case law of the European Court of Human Rights will be highlighted. As the outcome of the analysis, certain proposals will be put forward to promote parliamentary publicity with the help of the instruments of modern technology.

Jacobs, White, and Ovey: The European Convention on Human Rights

2020 ◽  
Author(s):  
Bernadette Rainey ◽  
Pamela McCormick ◽  
Clare Ovey
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Case Law ◽  
Private Life ◽  
European Convention ◽  
Political Climate ◽  
European Court ◽  
Forced Labour ◽  
Eighth Edition ◽  
The Right

Seventy years after the founding of the European Court of Human Rights it has dispensed more than 22,000 judgments and affects the lives of over 800 million people. The eighth edition of Jacobs, White & Ovey: The European Convention on Human Rights provides an analysis of this area of the law. Examining each of the Convention rights in turn, this book lays out the key principles. Updated with all the significant developments of the previous three years, it offers a synthesis of commentary and carefully selected case-law, focusing on the European Convention itself rather than its implementation in any one Member State. Part 1 of the book looks at institutions and procedures, including the context, enforcement, and scope of the Convention. Part 2 examines each of the Convention rights including the right to a remedy, right to life, prohibition of torture, protection from slavery and forced labour, and respect for family and private life. Part 2 also examines the freedom of thought, conscience, and religion; the freedom of expression; and the freedom of assembly and association. The rights to education and elections are considered towards the end of Part 2, as are the freedoms of movement and from discrimination. Part 3 reflects on the achievements and criticisms of the Court and examines the prospects and challenges facing the Court in the present political climate and in the future.

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