|Conţinutul numărului revistei|
| SM ISO690:2012|
PÎRLOG, Vitalie. Convergenţa libertăţii de exprimare protejate de convenţia europeană a drepturilor omului cu alte drepturi şi libertăţi . In: Revista Moldovenească de Drept Internaţional şi Relaţii Internaţionale. 2011, nr. 3, pp. 57-66. ISSN 1857-1999.
|Revista Moldovenească de Drept Internaţional şi Relaţii Internaţionale|
|Numărul 3 / 2011 / ISSN 1857-1999 /ISSNe 2345-1963|
European Convention of Human Rights and Fundamental Freedoms (the Convention) was signed in Rome in 1950 by the governments of the Member States of the Council of Europe as a regional attempt to decide a list of civil and political rights and freedoms, as a first attempt in creating a democratic European society of “those who think in unison”.
Article 10 provides that any person has a right to freedom of expression. This right includes freedom to express opinions and freedom to receive and impart information and ideas without interference of the public authorities and regardless the frontiers. Article 10 does not prevent states to impose the organizations of radio diffusion, film and television a licensing regime. The exercise of these freedoms which carries with its duties and responsibilities may be subject for appearing of some formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, national security, territorial integrity or public safety, prevention of disorder or crime, protection of health or morals, protection of the reputation or rights of others, for preventing the disclosure of confidential information or for maintaining the authority and impartiality of the judiciary.
A number of other rights of the Convention are important for the freedom of expression and are relevant in deciding if the restrictions on freedom of expression are allowed. Article 10 was frequently invoked in close connection with other articles of the Convention. They are following: article 6 (right to a fair trial), 8 (right to respect for private and family life), 9 (freedom of thought, conscience and religion), 11 (freedom of assembly and Association), 14 (indiscrimination), 15 (emergency exemption), 17 (prohibition of abuse of rights), art. 2, Prot. 1 (right for education), art. 3, Prot. 1 (right for free elections).
The Article 6 gave rise to a large number of cases at the European Court. Many interferences in freedom of expression will also involve, disputes relating to civil rights and obligations of applicants (for example in civil defamation) or to determine a criminal charge (for example, in criminal proceedings for defamation). The right of access to a court provided by the Article. 6 is considered inherent. The right of access to a court and the guarantee of a fair trial are very important, when journalists and others are wishing to assert their rights to freedom of expression.
As correspondence, telephone and other similar means of communication, protected by Article 8, also constitute a mean of expressing opinions, there is a close link between this Article and Article 10. Article 8 refers to the various rights related to confidentiality, including the right to respect privacy of life, is considered very important and relevant in the context of the mass-media rights.
With reference to Article 9, there is a close connection in those cases in which the accent of the freedom of expression is being put at the content of the expressed opinion. This does not change the fact that Article 10 has a wider aim than Article 9. While for the applicability of Article 9 is required that the opinion which is expressed to reflect the belief of a person who submit this view, Article 10 provides protection of any expression of opinion and the extent of protection may vary depending on the nature of the expressed opinions. Article 11 establishes a close connection with Article 10. The Court held that protection of opinions, guaranteed by the Article 10, is one of the objectives of peaceful freedom of association and freedom of expression, as has been enshrined in Article 11. Article 10 and 11 are both applicable in those situations where many people express some opinions in common. So therefore, a demonstration always involves an express of opinion, even if it has the character of a silent procedure at the same time is an association.Article 14 may be invoked in connection with any other right of the Convention, with the conditions that the facts of the case “falls within” the other right. So, if the state limits the right of free expression of a specific group of people, they may complain that they are unduly discriminated against the exercising of their rights under Article 10.