Freedom of expression is a fundamental component of a democracy. It provides every person the freedom to hold diverse opinions and to express them, to obtain information, to communicate information and ideas without interference from public authorities, and to access information.
Freedom of expression guarantees the right of everyone, including the press, to participate in free political debate. It ensures that different views are circulated and that the democratic process is conducted with input from civil society. It is also necessary for the realisation of the principles of transparency and accountability, which are essential for the promotion and protection of human rights. The public must have access to relevant information to exercise their right to civic participation effectively. For this reason, the wider concept of the right to civic participation also includes the right of access to information. This means that the public is entitled to receive information from public bodies, barring some limited exceptions necessary for a democratic society. Read more about the freedom of expression, access to information and personal data in this Guide.
What are the limitations to the freedom of expression?
Freedom of expression is not absolute and can be subject to restrictions. The European Convention on Human Rights provides three criteria to be met for a restriction to be lawful:
- The restriction is provided by law: there is a provision in national law allowing such restriction
- The restriction is necessary in a democratic society:
- in the interests of national security, territorial integrity or public safety
- for the prevention of disorder or crime
- for the protection of health or morals
- for the protection of the reputation or rights of others
- for preventing the disclosure of information received in confidence
- for maintaining the authority and impartiality of the judiciary
3. The restriction is proportionate (not more than necessary to achieve the aim pursued)