Podmiotowe granice wolności słowa w wypowiedziach publicznych

Abstract

The present opinion concerns the role of freedom of speech in the system of human rights and the essence of the right to receive and impart information and ideas without interference from public authority. Particularities of public statements made by special persons, i.e. journalists, scientists and statements made in connection with the activity of religious associations are pointed out, in which cases, subject to certain conditions, ‘more is permitted’ than in normal public discourse. This is due to the interests and values that such individuals pursue. The author discusses the so-called limitation clauses, which indicate that freedom of speech must not serve to violate the rights of others, public morality or aim to disturb public order. He draws attention to lack of a uniform European standard of protection against censorship, protection of religion and science, considering the particular historical experience of people from post-communist countries. In the case law of the European Court of Human Rights the particular social and cultural context of individual states is taken into account by applying the so-called margin of appreciation. The author of the opinion considers the permissibility of criminal liability for public statements, pointing out that it is in principle not permissible under Article 10(1) and (2) of the European Convention on Human Rights. Criminal liability could be permitted in exceptional cases of extreme forms of public statements. As an example of permissible criminalization, the author of the opinion points to blasphemy, which blatantly crosses the boundary of respect for other persons’ religious beliefs or conscience, the destructive activities of sects, the use of journalistic activities to offend other persons, without the purpose of conveying information or ideas. He stresses, however, that any case of possible criminal liability would have to be evident and grave so that Poland does not expose itself to liability before international courts.