| Abstract [eng] |
Freedom of Expression on the Internet and its Limits: Standards of the European Court of Human Rights This Master's thesis examines the peculiarities of individuals' freedom of expression online, when it is usually (but certainly not always) related to Article 10 of the European Convention on Human Rights. The aim of the Thesis is to identify the main standards of freedom of expression on the Internet developed by the European Court of Human Rights (ECtHR). The first chapter of the Thesis discusses the essential features of freedom of expression according to the jurisprudence of the ECtHR, which was basically established in the “pre- digital” practice of the ECtHR. The ECtHR's position on censorship (blanket ban) of websites as a restriction on the right to receive and disseminate information (element of freedom of expression) is also disclosed here. The second chapter analyzes the right to access the Internet as a fundamental part of freedom of expression, distinguishing its development in the case-law of the ECtHR and the main arguments for it by the ECtHR. The importance of freedom of expression on the Internet for human rights such as freedom of assembly and association and the right to education is also revealed. The third chapter of the Thesis is devoted to the analysis of the cases of the group of persons who often experience restrictions on freedom of expression and turn to ECtHR (media, including news portals and third-party comments there). Aspects such as Internet archives, the issue of hyperlinks are highlighted, as well as the particularly relevant case law of the ECtHR on the liability of websites’ operators for the activities of commentators when hate speech occures. The main source of the Master‘s thesis is the ECtHR jurisprudence, which is analyzed chronologically, together with the content of the rights in question and the evolution of the Court's position. The paper also refers to the concurring or dissenting opinions of the ECtHR judges, various scientific publications and opinions of foreign and Lithuanian authors. |
