Tag: право на доступ до мережі Інтернет

Protection of the right to freedom of expression on the internet in the practice of the European court of human rights


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. Protection of the right to freedom of expression on the internet in the practice of the European court of human rights//Science online: International Scientific e-zine - 2021. - №4. - https://nauka-online.com/en/publications/yurisprudentsiya/2021/4/11-5/

Annotation: The Internet plays a significant and ever-growing role in modern society. This is due, among other things, to the growing number of cases in which participants apply to the European Court of Human Rights ("the Court") to protect their right to freedom of expression on the Internet. However, the right to freedom of expression on the Internet is not absolute, ie the state may apply restrictions on its implementation. But such restrictions must be established by law and pursue a legitimate aim. The article examines the case law of the Court, we believe that the bulk of the cases were initiated by complaints of violations of two articles of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 (hereinafter - the Convention): Art. 8 (the right to respect for private and family life) and Art. 10 (right to freedom of expression). In its decisions, the court defined the boundary of private life, noting that it includes such aspects as images of a person, his personal data, including biometric information, DNA samples, etc. The paper finds that the Court proceeds from the fact that the dissemination of information on the Internet falls under the protection of Art. 10 of the Convention. At the same time, he acknowledged that the level of protection of information posted on the Internet differs from that provided by information disseminated in the media. In addition, the legal positions developed by the Court on the blocking of Internet sites, the liability of Internet providers for disseminated information and comments, the relationship between freedom of information and copyright, etc. are of significant interest.


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