Limitations of freedom of speech and expression in the jurisprudence of the European Court of Human Rights

Abstract

The main subject of the article are limitations on the freedom of speech and expression in the jurisprudence system of the European Court of Human Rights. Such restrictions may take a preventive form, and in this way prevent future abuse of the law, limit speech or freedom of expression, or a subsequent form, when the law or expression already violated the rights of the third parties. Interfering with the freedom of speech and expression must be justified by the specific case examined by the Court in the course of a complaint and necessary in a democratic state. In addition, the interference with the freedom protected by law may not be excessive and should serve the purpose described by the provisions of law. The role of the state-party to the Convention introducing the limitations is in fact, verifying whether the interference with the content of the message was justified by the interpretation of Art. 10 sec. 2 of the Convention. I presented those issues on the basis of selected judgments of the ECHR.