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

• Published in: Zbornik radova (Pravni fakultet u Novom Sadu) Vol. 54; no. 3; pp. 1023 - 1042
• Main Author: Mijović, Ljiljana
• Format: Journal Article
• Language: English
• Published: University of Novi Sad, Faculty of Law 2020
• Subjects: case law; european convention for the protection of human rights and fundamental freedoms; european court of human rights; freedom of expression; internet
• ISSN: 0550-2179; 2406-1255
• DOI: 10.5937/zrpfns54-24432

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.