Freedom of expression as a constitutional value: analysis of the ECtHR'S approach

The article is devoted to the analysis of freedom of expression as a special constitutional value of democratic states. The peculiarities of the interpretation of freedom of expression are considered through the prism of the practice of the European Court of Human Rights (hereinafter referred to as the ECHR). Considerable attention is paid to the impact of freedom of expression on political discourse, the activities of the mass media and social communications. The current challenges and prospects for the development of legal regulation of freedom of speech in the context of information technologies and globalization are identified. Particular attention is paid to the relationship between freedom of expression and democratic processes, human rights and the need to balance freedom of speech and the protection of other constitutional rights. It is substantiated that this problem acquires special importance in the context of digitalization and the growing influence of the Internet as a means of mass communication. The conclusions are drawn that freedom of expression is not only a personal right of every person, but also a key element of a democratic society that ensures pluralism, political competition and openness of state policy; this right is not absolute and requires certain limitations to protect other fundamental rights, such as the right to honor, dignity and privacy: the practice of the ECHR demonstrates the need to ensure proportionality between freedom of expression and other constitutional values.

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Publication Details

Journal
Legal Ukraine
Published
2025-06-06
DOI
https://doi.org/10.37749/2308-9639-2025-5(269)-1
Primary Topic
Freedom of Expression and Defamation
Type
article
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article

Freedom of expression as a constitutional value: analysis of the ECtHR'S approach

М. Getmantsev, Оksana Vоlоshchuk
Legal Ukraine
Freedom of Expression and Defamation
article

Freedom of expression as a constitutional value: analysis of the ECtHR'S approach

М. Getmantsev, Оksana Vоlоshchuk
article en

Abstract

The article is devoted to the analysis of freedom of expression as a special constitutional value of democratic states. The peculiarities of the interpretation of freedom of expression are considered through the prism of the practice of the European Court of Human Rights (hereinafter referred to as the ECHR). Considerable attention is paid to the impact of freedom of expression on political discourse, the activities of the mass media and social communications. The current challenges and prospects for the development of legal regulation of freedom of speech in the context of information technologies and globalization are identified. Particular attention is paid to the relationship between freedom of expression and democratic processes, human rights and the need to balance freedom of speech and the protection of other constitutional rights. It is substantiated that this problem acquires special importance in the context of digitalization and the growing influence of the Internet as a means of mass communication. The conclusions are drawn that freedom of expression is not only a personal right of every person, but also a key element of a democratic society that ensures pluralism, political competition and openness of state policy; this right is not absolute and requires certain limitations to protect other fundamental rights, such as the right to honor, dignity and privacy: the practice of the ECHR demonstrates the need to ensure proportionality between freedom of expression and other constitutional values.

Legal Ukraine
Openalex Percentile: Top 79%
Freedom of Expression and Defamation
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