Dreptul persoanei la libera exprimare sau infracțiune săvârșită pe motive de prejudecată (studiu de caz)

Abstract

Freedom of expression according to art. 10 of the European Convention on Human Rights raises a wide area of interpretation. The European Court of Human Rights specified its position on the role of the right to freedom of expression in a democratic society: „Freedom of expression is one of the essential foundations of such a society, one of the primary conditions for its progress and the development of every human being. It is applicable not only for information or ideas that are received favorably or considered as offensive or indifferent, but also for those that contradict, shock or disturb the state or any other category of the population. Such are the requirements of pluralism, tolerance and openness, without which there is no democratic society" (handyside v/United Kingdom case, 1976). In addition, the ECHR enshrines that the execution of these freedoms, which entail duties and responsibilities, may be subject to formalities, conditions, restrictions or sanctions provided for by law, which constitute necessary measures, in a democratic society, for national security, territorial integrity or public safety, defense order and the prevention of crimes, the protection of health or morals, the protection of the reputation or the rights of others, to prevent the disclosure of confidential information or to guarantee the authority and impartiality of the judiciary." In this sense, the criminal law criminalizes incitement to hatred or violence, manifested through public exhortations, dissemination of information or other forms of public information, including through the mass media, in written form, drawing or image, or through a system IT, against a category of people on grounds of prejudice, offense provided for in art. 346 - Incitement to violent actions based on prejudice, Criminal Code of the Republic of Moldova.