Freedom Of Expression Essay
The European Court of Human Rights has repeatedly states that: “Freedom of expression constitutes one of the essential foundations of a democratic society, one of the basic conditions for its progress and for each individual’s self-fulfillment.” Although freedom of expression is one of the fundamental rights per se, as well as a component of other human rights, such as freedom of assembly, freedom of expression can constitute conflict with other basic human rights, such as such as the right to a fair trial, to respect for private life, to freedom of conscience and religion. Different areas of social life, as well as rights of individuals may be affected by the exercise of freedom of expression. In order to protect interests of society and …show more content…
What should be understood under the notion of “rights of others” as a ground for the limitation of freedom of expression? Or what rights deserve protection under this notion? Analyzing the case law of the ECtHR, it can be concluded that mainly religious freedom is envisaged under this notion. In the case of Otto Preminger Institute v. Austria, the applicant claimed that, the Austrian authorities violated the Article 10 of the Convention by prohibiting of a film, because they considered that it constitutes a criminal offence of “disparaging religious doctrines” under Article 188 of the Austrian Penal Code. In response to claim, Austrian government argued that the seizure and forfeiture of the film were aimed at "the protection of the rights of others", particularly the right to respect for one’s religious feelings, and at "the prevention of disorder". The Court held that, the case involves weighing up the “conflicting interests of the exercise of two fundamental freedoms guaranteed under the Convention”. On the one hand freedom of expression of applicant which had the right to express to the public controversial views, on the other hand, the right of other persons to proper respect for their freedom of thought, conscience and religion. As a result of balancing two rights constituting the conflict, the Court decided that, it can not
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