THE RIGHT TO FREEDOM OF EXPRESSION VIS ÁVIS PUBLIC INTEREST

  • Svetlana Veljanoska Univerzitet "Sv.Kliment Ohridski" Bitola, Pravni fakultet Kicevo

Sažetak


The right to freedom of expression is one of the fundamental human rights. This, among other things, is guaranteed by Article 10 of the European Convention. However, the freedom of expression is not an absolute right, which means that in some situations it may be restricted, especially if the public interest requires that.

Submission of information for media coverage must be in accordance with the rights of the people who are involved. These rights are guaranteed by the European Convention on Human Rights and Freedoms, by the Constitution and by Laws. Having in consideration that these freedoms carry some duties, the enjoyment of these freedoms may be based on formalities, conditions, restrictions or penalties, as it is prescribed by law and they are necessary in one democratic society in behalf of crime prevention, protection of reputation or protection of the rights of other people, for prevention of disclosure of confidential information or for maintaining the authority and independence of the judiciary.

If the courts accept the thesis that somebody has the right to say or write something and it is said in public interest, although it violates the rights of another person, it means that the freedom of expression prevails over some other rights.

This paper aims to examine the aspect of freedom of expression, especially in the media and the judiciary, versus the need of protection of the public interest and the latest legal decisions that relate to this matter.

Reference

- G. Kalajdziev, Human rights – Framework for the European Criminal-Procedural law, in the Collection in ‘Iustianus Primus Faculty of Law’ in Skopje, in honor of the professor Gorgji Marijanovikj, Skopje, 2011, p. 115-128

-G. Kalajdziev, For the Combat of the Organized Crime and the Legal State, Foundation Open Society – Macedonia

-S. Veljanovska, Judical System, Kichevo 2014.

- M. Nowak, International Convenant on Civil and Political Rights: CCPR Commentary, Engel, Kehl/Strasbourg, 1993, At. 14, No. 24.

- P. De Hert, Balancing Security and Liberty Within the European Human Rights Framework. A critical reading of the Court’s case law in the light of surveillance and criminal law enforcement strategies after 9/11, Utrecht Law Review, 2005, https:// www.utrechtlawreview.org/articles/ abstract/10.18352/ulr.4/

- S. Dimovski/j. Ilievski/Z. Dimitrievski: Transparency in Criminal Procedures – Handbook for Journalists, 2014.

-D. Gocevski/ F. Ilievska: Deconstruction of the Concept Public Interest in the Republic of Macedonia – (mis) use on behalf of the citizens, Starting report, Institute for Communication Studies, The School of Journalism and Public Relations.

-Monitoring the Court Cases for Insult and Defamation, Centre for Media Development / USAID, March 2014.

-Monitoring the Court Cases for Insult and Defamation, Centre for Media Development / USAID, July 2014.

-Monitoring the Court Cases for Insult and Defamation, Centre for Media Development / USAID, October 2014.

-Monitoring the Court Cases for Insult and Defamation, Centre for Media Development / USAID, December 2014.

-Monitoring the Court Cases for Insult and Defamation, Centre for Media Development / USAID, April 2015.

-Monitoring the Court Cases for Insult and Defamation, Centre for Media Development / USAID, July 2015

-Law on Protection of the Whistlers, Official Gazette of the Republic of Macedonia no.62/2006.

- Law on Civil Liability for Insult and Defamation, Official Gazette of the Republic of Macedonia no. 143/2012.

- Law on Administrative Disputes (Official Gazette of the Republic of Macedonia no.62/2006)

Objavljeno
2016/10/28
Rubrika
Stručni članak