| Abstract [eng] |
Freedom of Expression and Its Limits: Example of Lithuania After the adoption of the Declaration of the Rights of Man and of the Citizen in 1789, the freedom of expression gained importance. Now, in the 21st century, this freedom is one of the most importance. Freedom of expression gives each person the opportunity to express their opinions and ideas through a variety of artistic means. The limitations of use of freedom of expression are very broad and one’s ideas can be expressed by creation of clothes, songs, books and so forth. In the first part of the Master’s thesis the definition of the freedom of expression is used in the light of the provision of the Constitution and the European Convention on Human Rights (ECHR) as well as in the light of case law of Constitutional Court of the Republic of Lithuania and European Court of Human Rights (ECtHR). The author seeks to define the importance of the freedom of expression on both national and individual level. Furthermore, the possibilities of executing the freedom of expression in the case law of the ECtHR are defined. The second part of the thesis is related to the limitations of the freedom of expression that are established in the Constitution and the ECHR. The limitations consist of two parts: legal grounds and conditions. Legal grounds are understood as values that are sought to be protected when setting the boundaries of this freedom. The next part – conditions – are requirements that must be filled when seeking to limit the freedom of expression. It is a common case that the freedom of expression conflicts with other constitutional values. Some members of the society intend to limit certain freedom of expression cases arguing the infringement of certain society values. The third part of the master’s thesis is related to the legal proceedings which took place in the Lithuania in which certain cases of freedom of expression were limited. The most common matter in the advertisements is usage of religion and religious symbols. However, by some individuals, such advertisement was understood as lack of respect and derision. When analysing such cases, it is crucial to understand the boundaries of when the religious symbols may be used in the advertisements. Also, there is a thin line between the freedom of expression and incitement to hatred. By showing real examples, the author examines the criteria that shall be followed when setting the limits for freedom of expression. |
