The international definition of freedom of expression
Freedom of speech and expression are fundamental human rights, which play an essential role in realizing and protecting other rights. The opportunity to express one’s opinion and exchange information is a valuable indicator of the democratic capacity and institutional position of democracy in societies. The concepts of citizenship and pluralism are unfeasible, without the possibility of free expression of opinion and objective competition of opposing political ideas. Tolerance of the other’s opinion and difference enables coexistence in contemporary multicultural societies.
Mass media plays a vital role in the information. A large amount of “journalistic” report is made available to the public. It directly affects the people and the real decision that each individual must make as a consumer or political entity.
With the analysis of international documents (cited below: UDHR Article 19; PNDCP Article 19; ECHR Article 10; ECHR Article 11; HRD Article 3; ECHR Article 13 and ECHR Article 9;) which lay the foundations of this right, it is concluded that freedom of expression is a fundamental civil and political right. This right is qualified as a framework right. It moves from freedom of thought and freedom of individual opinion to the media’s institutional space.
Freedom of thought is an absolute civil right, which means that no one can endanger or restrict human thinking, while freedom of expression is treated as a political right. As a political right, it may be subject to certain restrictions or limitations, which must be interpreted strictly and by the established legal objectives, which we will discuss below.
Freedom of expression is also treated as a dual right. Respectively, the first right, to send, transmit or express thoughts and ideas of any kind (political, artistic, commercial expressions) and the second, the right to seek and receive information in any form (orally, in writing, through forms arts, media, including new technologies).
Established in this way, this right is an integral part of the request to communicate. The right defined in this way should be of interest to policymakers, to those who formulate policies, to legal, economic and political issues. In this domain, the emphasis is also on the creation of media policies, so for example, there is a large volume of activities in this direction by the Council of Europe which managed, to a considerable extent, to regulate some of the principles basic, in this regard, such as freedom of expression and privacy. With this, the Council of Europe and the European Court of Human Rights played a role similar to the part of some national jurisdictions’ constitutional courts.
Media and the language of “slander.”
In 1978, UNESCO adopted the Declaration of Fundamental Principles regarding the media’s contribution to the promotion of international peace and understanding, to the advancement of human rights and the fight against racism, apartheid and the rise of war. As the only and absolute institutional channel for social communication, the autonomous and powerful position of the media made the media a priority topic when it comes to hate speech. We can not qualify the media as creators of hate speech, but they are an instrument, channel and tool for spreading the same. They can also create favourable contexts, situations and climates for the spread of hatred or the anesthetization of the same.
The media system is increasingly becoming one of the criteria of a society’s democracy, use, and human rights protection. How the media system is set up in a country also depends on the mass media’s professional standards and conditions of action. Still, it is also essential the media culture which also depends directly on the political culture. Analyzes and debates about the democratization of media systems are oriented in two directions: structuring media systems and misuse of communications through the ways and techniques by which public opinion is formed and created and the understanding of citizens to gain and retain power.
The concept of the image of defamation through the mass media and the ECHR
Freedom of thought is an absolute civil right, which means that no one can endanger or restrict human thinking, while freedom of expression is treated as a political right. The Charter of Fundamental Rights of the European Union contains a list of human rights, inspired by rights in the constitutions of the member states, the ECHR and universal human rights treaties, such as the UN Convention on Human Rights.
Leather in 2009 the Charter in a way presented a statement without binding force in legal terms. With the Lisbon Treaty, in 2009, it gains that status.
In the journalistic aspect, the right to freedom of speech, the press, is restricted only when it comes to affecting the public interests of the state, such as the protection of territorial integrity or national security against threats of violence, the prevention of public unrest or the prevention of crime. But even in these cases, the state must allow the communication of information and ideas on issues of interest in the political arena even if they are controversial and should take into account that, the public has the right to receive such information and ideas.
Freedom to receive information, referred to in paragraph 2 of Article 10 of the Convention, “essentially prohibits a State from preventing anyone from obtaining or providing information which others wish”, but it cannot be construed as an obligation for a state in all circumstances and in any case where there are positive obligations to collect and disseminate information.
The Council of Europe also denounced the most severe attacks on freedom of expression in the media, in countries such as Ukraine, Azerbaijan, Turkey, Russia, and has never managed to exert moral and political pressure on governments that violate freedom of expression.
To this end, the Council of Europe has recommended adopting a series of measures, in line with the basic principle of mass media independence: the setting of thresholds, about the maintenance of interests in the field of radio and television, the rules for fair and unfair treatment. Discrimination of various operators promotes the diversification of media content, strengthening the public radio and television service, and others.