EVROPSKA KONVENCIJA O LjUDSKIM PRAVIMA I SLOBODA IZRAŽAVANjA

POPESKU dr Dragica (Apelacioni sud u Beogradu), popesku@24gmail.com

In cases of violation of the right to honor and reputation, as a special type of personal rights, freedom of expression is in conflict with the above-mentioned right which protects the said personal image from groundless accusations, so its restrictions are justified under the European Convention for the Protection of Human Rights and Fundamental Freedoms. The European Court of Human Rights never gives automatic predominance to either of these values (freedom of expression or the reputation of the person whom the information relates to), so its adjudication represents a complex analysis of all details of a particular case, weighed and measured individually in relation to all other circumstances, regardless of whether the freedom of expression was violated or its restrictions justified. The European Court of Human Rights formulated specific criteria for assessment of different cases, such as the rule that the Court’s deliberation is in relation to the necessity of restrictions of freedom of expression when the information is placed with regard to the government and politicians in context of debates on matters of public interest, and especially if it is a political debate or a statement made in Parliament or a similar body, or if it is a refutation of provocative statements by the person defamed. On the other hand, it is much easier to restrict freedom of expression when defamatory statements, namely slanderous allegations which violate someone’s right to honor and reputation, relate to judicial power or private persons and their lives. Main problems lie in applications to the European Court if there is no satisfactory definition of elements relevant for assessing whether freedom of expression, guaranteed by the European Convention, in Article 10, Paragraph 1, was violated. However, according to the jurisprudence of the European Court of Human Rights, freedom of expression is respected, with restrictions provided in Article 10, Paragraph 2 of said Convention and some advances by the Court.

Keywords: the right to honor and reputation, freedom of expression, European Convention, European Court of Human Rights, defamation, application, statement