New Technologies and Freedom of Expression with the Reference to the Case Law of European Court of Human Rights

Abstract

The right to freedom of expression is one of the basic human rights guaranteed by the European Convention on Human Rights. However, it should be borne in mind that the inviolability of this right is not understood in an absolute sense. This Convention prescribes several grounds for restricting the right to freedom of expression, among which the interest in conducting criminal proceedings stands out. This is especially important in the context of new technologies, the Internet and accompanying social networks, where the right to freedom of expression is massively abused through the commission of criminal acts. Therefore, the paper starts from the basic presumption that the need to conduct criminal proceedings is a legitimate basis for restricting the right to freedom of expression. In this sense, the paper considers the case law of the European Court of Human Rights in cases related to Article 10 of the European Convention on Fundamental Rights and Freedoms, where the legitimacy of restrictions of the right to freedom of expression is raised. In the concluding remarks, it is pointed out that the restrictions of the right to freedom of expression for the purposes of conducting criminal proceedings may represent legitimate ground only with respect to the principles of necessity, proportionality and restrictiveness.