Meinungsfreiheit in der digitalen Welt

Abstract

The communication via internet is simple. Thanks to low access barriers and widespread occasions for unimpeded development it is almost an ideal medium for the exchange of ideas and therefore seems particularly suited for the exercise of constitutional freedom. Yet, wherever the freedom of expression is exercised it must also be able to develop its protective functions and it is within this context that the open structure constitutes a challenge to the interpretation of fundamental rights. In order to counteract the premature conclusion that new situations require new solutions, it is advisable to first take a closer look at established structures and ways of interpreting fundamental rights. In particular the approaches and structural concepts inherent in Helmut Ridder’s concept of fundamental rights and its evolution to the transsubjective dimension of fundamental rights could be of use for a concept of fundamental rights that appears to be adequate to these and possibly also future challenges.