Freedom of expression represents one of the most important political rights of the 21st century. It is a fundamental freedom for the development of a democratic society and one of the essential preconditions for its progress and advancement. At a time when the media face threats to their very existence precisely because they express critical opinions, and when citizens are being arrested for what is archaically referred to as a “verbal offense,” freedom of expression occupies a central place in the defense of all other rights. The European Convention for the Protection of Human Rights and Fundamental Freedoms guarantees:
Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
However, while on the one hand journalists are being persecuted, with hooligans breaking their equipment with impunity, and citizens are being prosecuted on the basis of unlawfully obtained evidence through grave violations of the right to privacy, on the other hand – while invoking freedom of expression, we are witnessing the spread of hate speech and discrimination against citizens on various grounds by different social actors. These range from public officials and pro-government tabloids to individuals who simply do not accept those whom society labels as the “Others.”
Therefore, freedom of expression is not absolute. As expressly provided by the above-cited European Convention, it is limited precisely by the prohibition of its abuse to the detriment of overriding interests: Since the exercise of these freedoms carries with it duties and responsibilities, it may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.
This is further confirmed by Article 17 of the European Convention, which prohibits the abuse of rights: Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention.