Freedom of expression is a right guaranteed to everyone, through several international and national mechanisms. It includes the right to hold opinions and receive and disseminate information and ideas without interference by public authorities. This right is an essential element of a democratic society and a basic condition for its progress and for each individual’s self-fulfilment. Going beyond information and ideas that are favourably received or regarded as inoffensive or with indifference, the right to freedom of expression extends to information that could offend, shock or even disturb. With the invention of internet particular problems in term of protection of freedom of expression were raised, especially with regard to the dissemination of information, including but not limited the hate speech. The protection of freedom of expression under the conditions of the internet is the main concern, next to privacy and data protection. The aim of this report is to focus on how the highest Albanian courts (Supreme Court and Constitutional Court) decide in cases where there is a faint line between protection of one’s freedom of expression and threats to democracy. These two cases have different subjects (an individual and a high state official) raising the question of applicability of different margin of appreciation/limitation of fundamental rights based on the position/status of the subject.

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Freedom of Expression in Digital Platforms—How the Albanian High Courts Assess the Necessity in a Democratic Society?

  • Arta Vorpsi

摘要

Freedom of expression is a right guaranteed to everyone, through several international and national mechanisms. It includes the right to hold opinions and receive and disseminate information and ideas without interference by public authorities. This right is an essential element of a democratic society and a basic condition for its progress and for each individual’s self-fulfilment. Going beyond information and ideas that are favourably received or regarded as inoffensive or with indifference, the right to freedom of expression extends to information that could offend, shock or even disturb. With the invention of internet particular problems in term of protection of freedom of expression were raised, especially with regard to the dissemination of information, including but not limited the hate speech. The protection of freedom of expression under the conditions of the internet is the main concern, next to privacy and data protection. The aim of this report is to focus on how the highest Albanian courts (Supreme Court and Constitutional Court) decide in cases where there is a faint line between protection of one’s freedom of expression and threats to democracy. These two cases have different subjects (an individual and a high state official) raising the question of applicability of different margin of appreciation/limitation of fundamental rights based on the position/status of the subject.