From Liberty to Liability: EU Responses to the Abuse of Freedom of Expression Online

Freedom of expression, in the context of recent events in our history—such as the COVID-19 pandemic and the situation in Ukraine—has once again sparked a significant and widely followed public debate about its limits. The escalation of these situations has revealed many of the negative aspects of freedom of expression and its direct and devastating impact on people’s everyday lives. In particular, hate speech and the spread of disinformation have gained strength, with effects not only in terms of legal liability or financial consequences relating to damages and harm, but also in ways that directly impact public health. Calls to avoid wearing facemasks and questioning of vaccines and protective measures have not only fuelled vulgar online debates and even physical attacks, but have also led to direct consequences for individual and public health. Therefore, it is essential that freedom of expression has limits—limits that do not amount to censorship. Only public authority—the state—has the legitimate power to set such boundaries. As EU member states are undergoing processes of legal unification and harmonization of their legal systems, it is important to also consider the stance of EU institutions on the future legislative framework of freedom of expression. This is particularly important given that individual member states do not share the same values or approaches to this issue. The aim of this paper is to assess the contribution of the European Union to the development of freedom of expression through selected legislative and non-legislative activities. The paper will also include a proposal for a forward-looking solution.