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DOI: https://doi.org/10.22503/inftars.XXIV.2024.2.7
Language: en
Title: Free Speech Principles to Consider when Restricting Disinformation
Abstract: Disinformation is widely considered to be one of the most pressing issues confronting society in the new online communication environment of today. The present problem of disinformation, however, did not materialise in a vacuum, and so the response to it needs to be situated among established constitutional principles. This paper, based on the jurisprudence of the European Court of Human Rights and some relevant documents and recommendations in this area at the European level, summarizes the most representative European principles of freedom of speech that are highly relevant in forming a legal answer to the issue of disinformation. Clarification of the current constitutional doctrine suggests that measures to restrict communication in the fight against disinformation can only play a more significant role than at present if the basic principles of freedom of speech are set aside. We therefore argue that we should primarily seek other solutions.
Keywords: freedom of speech, disinformation, participatory democracy, Council of Europe, European Court of Human Rights