FREEDOM OF EXPRESSION
LexInter | October 15, 2016 | 0 Comments

FREEDOM OF EXPRESSION

FREEDOM   OF CIVIL AND INDIVIDUAL RIGHTS 

EMPLOYEES ‘RIGHT OF EXPRESSION

PRESS LAW

ABUSE OF FREEDOM OF EXPRESSION CIVIL RIGHTS  

 

ABUSE

ABUSE OF FREEDOM OF EXPRESSION

Freedom of expression is, along with freedom of thought and freedom of assembly, an essential freedom . Expression is the formulation of thought, reunion allows expression.

The press is a medium of information. It appeared and developed in the 19th and then in the 20th centuries. A vector of freedom of expression, it can become an instrument of propaganda and it can amplify abuses of freedom of expression. It has been regulated both to control it, if not to muzzle it, and to prevent abuse.

Regulation when it emerged took two main forms. One is an authorization regime – prior authorizations, censorship, preventive measures (deposits, bans, seizures); the other is a regime of repression of offenses by sanctioning abuses (penalties, damages) and correcting their effects (rectifications, right of reply).

FREEDOM OF COMMUNICATION AND EXPRESSION

PRESS LAW

FREEDOM OF EXPRESSION AND DECLARATION OF 1789

article 11 of the Declaration of 1789: ” The free communication of thoughts and opinions is one of the most precious human rights: any citizen can therefore speak, write, print freely, except to answer for the abuse of this freedom. in the cases determined by law ”

FREEDOM OF EXPRESSION AND ECHR

The Article 10 of the ECHR is devoted to freedom of expression


  1. Everyone has the right to freedom of expression. This right includes the freedom of opinion and the freedom to receive or impart information or ideas without interference from public authorities and regardless of frontiers. This article does not prevent States from subjecting broadcasting, film or television undertakings to a licensing regime.
    2.The exercise of these freedoms involving duties and responsibilities may be subject to certain formalities, conditions, restrictions or sanctions provided for by law, which constitute necessary measures, in a democratic society, for national security, for territorial integrity. or to public safety, to the defense of order and crime prevention, to the protection of health or morals, to the protection of the reputation or rights of others, to prevent the disclosure of confidential information or to guarantee the authority and impartiality of the judiciary.

” the right to a fair trial and freedom of expression justify that the person accused of defamation is allowed to produce, for the needs of his defense, the documents likely to establish the truth of the facts or his good faith, without that they can be excluded from the proceedings on the grounds that they would have been obtained by unfair means ”  Cass. crim. Jan. 19, 2010

LAW AND FREEDOM OF EXPRESSION

under the terms of article 11 of the Declaration of 1789: “The free communication of thoughts and opinions is one of the most precious human rights: any citizen can therefore speak, write, print freely, except to answer for the ‘abuse of this freedom in cases determined by law’; that article 34 of the Constitution provides: “The law fixes the rules concerning … the civic rights and the fundamental guarantees granted to the citizens for the exercise of the public freedoms”; that, on this basis, it is open to the legislator to enact rules concerning the exercise of the right of free communication and the freedom to speak, write and print; that it is also open to him, as such, to institute incriminations punishing abuses of the exercise of freedom of expression and communication which undermine public order and the rights of third parties; whereas, however, freedom of expression and communication is all the more precious since its exercise is a condition of democracy and one of the guarantees of respect for other rights and freedoms; that any interference with the exercise of this freedom must be necessary, appropriate and proportionate to the objective pursued all the more valuable as its exercise is a condition of democracy and one of the guarantees of respect for other rights and freedoms; that any interference with the exercise of this freedom must be necessary, appropriate and proportionate to the objective pursued all the more valuable as its exercise is a condition of democracy and one of the guarantees of respect for other rights and freedoms; that any interference with the exercise of this freedom must be necessary, appropriate and proportionate to the objective pursuedDC February 28, 2012

EMPLOYEE’S FREEDOM OF EXPRESSION

the employee enjoys, inside and outside the company, his freedom of expression, to which only restrictions justified by the nature of the task to be accomplished and proportionate to the aim sought may be made; Cass.soc. April 28, 2011

 

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