Ostvarivanje i zaštita slobode izražavanja u jurisprudenciji Evropskog suda za ljudska prava

Abstract

The practice of the European Court of Human Rights in conjunction with Article 10 of the European Convention, which deals with freedom of expression in today's conditions, constitutes a valuable resource for the improvement of national legislation and its guarantees. The European Court of Human Rights are witnesses that freedom of expression is one of the basic foundations of a democratic society and one of the conditions for the development of not only society, but also an individual. The right to freedom of expression is closely linked to the right to freedom of thought and conscience, as well as the right to freedom of assembly and association, which are also the essential rights of a successful democracy. The Convention and the Court are interested in spreading the facts in public opinion, and the national courts of the countries are interested in the truthfulness of these ideas. Thus, national courts do not sanction in such cases the spread of attitudes, claims, and, on the other hand, incriminate defamation as the expression of "false facts". Untrue - a lie must be an element of the being of a criminal offense and must be always proved in the Serbian legislation. European Court of Human Rights pays particular attention to the protection of the dissemination of information critical to the authorities. Newspapers, television and media, in such cases, can tolerate the so-called "Benevolent mistakes", that is, broader tolerance than otherwise. The Convention Protection Tribunal, therefore, if it establishes professionalism and the desire for truth in the media that transmitted such information, and they even prove to be extremely untrue and published information of public interest, it is ready to give an amnesty. Therefore, the Court leaves the right to an error. Freedom of expression is a continuation of the freedom to receive information, especially when it comes to electronic and print media. It is very important for the quality and development of the democracy of each state. Therefore, the media should have autonomy in their operation, independent of the state.