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The right to freedom of speech and expression
The right to freedom of speech and expression and the protection that these rights enjoy in the Cypriot legal order and internationally, as one of the cornerstones of the rule of law, with parallel reference to the exceptions, important for democracy, where the legislator may impose restrictions on these rights, was described by the Attorney General of the Republic Mr. George Savvidis in his lecture to final year students of the Law Department of the University of Cyprus on Monday, 8 April 2024.
Speaking at the University of Cyprus, in the lecture entitled "The safeguarding of the right to freedom of expression under Article 19 of the Constitution", the Attorney General of the Republic referred extensively to the constitutional right of freedom of speech and the protection it enjoys in the Cyprus Constitution, He also analysed a series of decisions of the European Court of Human Rights (ECtHR), which were based on Article 10 of the European Convention on Human Rights (freedom of thought, conscience and religion). In this context, previous case law of the ECtHR was used as a tool for analysis and examples, which was used to demonstrate both the positive obligation of the State to provide effective protection against the right to freedom of expression and the change that, as Mr.Savides said, has been observed in recent years in the case law of the ECtHR, "which seems to surround the right of access to information with the protection of Article 10 ECHR, even if it does not correspond to reality".
During the lecture, the Attorney General of the Republic also discussed the right to freedom of expression and speech in relation to the Internet, the protection of the press and journalists, and the importance that the legislature attaches to the restriction of statements concerning the handling of judicial cases and the constitutional right of the individual to a fair trial. Restrictions designed, on the one hand, to avoid any bias or pressure from public opinion towards the parties concerned and the court and, on the other hand, to shield public confidence in the institutions of the administration of justice.
Finally, of particular interest to the audience was the exceptions where speech and expression are not protected, as well as the reasons given by the ECtHR in a number of its judgments in which it held that intolerant speech or hate speech existed, or concerned issues relating, inter alia, to the protection of public security, the security of the State and the prevention of disclosure of classified information, and the reputation and reputation of third parties.
The lecture of the Attorney General of the Republic was given at the invitation of the Department of Law of the University of Cyprus.
(ML/NZ/AF)
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