METODOLOGIA EXAMINĂRII SPEŢELOR DE CĂTRE CURTEA EUROPEANĂ PE CAUZELE DISCURSULUI DE URĂ ÎN SPAŢIUL ONLINE

Abstract

The development of informational technologies has conditioned inter alia the dissemination of hate speech in the online environment. In its case-law, the European Court of Human Rights seeks to provide and develop effective responses to this phenomenon and to its consequences. This paper aims to examine the methodology for assessing hate speech cases, from the perspective of the two approaches used by the European Court and with due regard to the margin of appreciation doctrine, as the main tool in finding the fair balance