Freedom of Expression and Information in a Democratic Society

The right to freedom of expression and information is guaranteed by Article (10) of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) in all 47 member states of the Council of Europe. The jurisprudence of the European Court of Human Rights (ECrtHR) applying Article (10) is to be considered an authoritative international standard regarding the protection of this human right, including the right to express, impart and receive opinions and information without interference by public authorities. The Court’s case law has manifestly helped to create an added value for the effective protection of freedom of expression, journalistic freedom, freedom of the media, the right to receive information and public debate in the Convention’s member states. However, some recent restrictive trends in the Court’s approach have raised serious concerns regarding the (future) level of protection of freedom of speech and press freedom in Europe. This article focuses on the most important characteristics of the right to freedom of expression and information under the European human rights system and discusses some challenges for the future.