Initially, author presents the right to freedom of expression which is one of the fundamental rights in a democratic society. Article 10 of the European Convention on Human Rights defines the right and stipulates the conditions under which a state may legitimately interfere with the exercise of the right.
Subsequently, author analyses the latest European Court of Human Rights case law regarding to the freedom of expression and classifies cases according to legitimate aims which must be pursued to justify the interference with the right.
The review of the case law reveals a broad interpretation and the high protection afforded to the right. Case law also demonstrate that limitations of the right to freedom of expression must be restrictively interpreted especially when it comes to political debate or other matters of public interest. The right to freedom of expression most often conflicts with the right to privacy, honour and reputation. To strike a fair balance between the competing rights, the domestic courts must follow the criteria developed trought European Court of Human Rights case law.
The Republic of Slovenia had been convicted once because of violation of Article 10 of the European Convention on Human Rights. Author analyses the judgement and also discusses relevant domestic court’s judgements. Author concludes that convinction of the Republic of Slovenia influenced on later case law of the Constitutional Court of the Republic of Slovenia regarding to the freedom of expression.
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