Links betweek freedom of expression and other human rights (2019)

Guide to good and promising practices on the way of reconciling freedom of expression with other rights and freedoms, in particular in culturally diverse societies

Freedom of expression, which is protected by Article 10 of the European Convention on Human Rights, is integral to open and inclusive societies. Indeed, it is the cornerstone of culturally diverse, pluralistic societies. It is not, however, an absolute right and it can be subject to limitations in accordance with Article 10(2) of the Convention. This Guide responds to the wish of the Committee of Ministers to have a practical tool which can be used by member States when reconciling the right to freedom of expression with other human rights, in particular: the right to respect for private life; right to freedom of thought, conscience and religion; freedom of assembly and association; and the prohibition of discrimination. In this regard, the good and promising practices presented in the Guide detail the approaches and methods States use, and serve as an example for the development and incorporation of further measures and improved cooperation.

This Guide has been prepared by the Steering Committee for Human Rights (CDDH) and it builds on the standards, principles and recommendations from international, regional and national legal bodies. Moreover, the Guide provides succinct summaries of the principles established in the relevant jurisprudence of the European Court of Human Rights. Whilst the Guide is mainly intended for policy makers and public authorities, it is a useful tool for a wider audience.

In this Guide, the reader will find: an in-depth exposition on the scope and content of the right to freedom of expression; the relation of specific actors to freedom of expression; its importance for political discourse; links between freedom of expression and other human rights. The Guide draws attention to contemporary issues that interact with freedom of expression, such as information disorder (“fake news”) and hate speech. It also mentions the development of artificial intelligence (AI) which is likely to have implications for the exercise of the freedom of expression, presenting both challenges and opportunities.