Akadēmiskais centrshttps://doi.org/10.22364/iscflul.9.2.04 | 42-53 | PDF
Indre Isokaite-Valuze, Dr. iur., Associate Professor
University of Vilnius, Faculty of Law, Lithuania
Freedom of Expression in Time of War: Expanded, Restricted, Modified?
Key words: freedom of expression, hate crime, war propaganda, derogation clause, European Convention on Human Rights, European Court of Human Rights.
Summary
The current article offers the analysis of the permitted extent of the freedom of expression in time of war and concerning war-related issues. The research addresses the freedom of expression in the framework of the derogation clause and jurisdiction under the European Convention on Human Rights, reveals the assessment of public comments on military operations, international crimes, terrorism and other forms of violence, as well as hate speech by the European Court of Human Rights, and emphasizes a crucial role of the mass media in times of conflict. The author concludes that the freedom of expression should be neither a weapon, nor a casualty of war and, in certain sense, it could become both, – expanded and restricted in time of war, however, hardly modified, as the task remains the same: balancing freedom and order.
The current paper has been published in the second collection of research papers in conjunction with the 9th International Scientific Conference of the Faculty of Law of the University of Latvia “Revisiting the Limits of Freedom While Living Under Threat. II”, 9–10 November 2023. Riga: University of Latvia Press, 2024. 232 pages.