Freedom оf Expression under Martial Law

Abstract

The article examines realizing the right to freedom of expression under martial law conditions. The authors analyze the concept, content, and guarantee of the right to freedom of expression within national and international legal orders. In particular, the guarantees right to freedom of expression are considered. The study explicitly focuses on how the constitutions of various countries determine the conditions for restricting freedom of expression. Most national constitutions consider the right to freedom of expression as a relative right that may be subject to interference to protect national security, the privacy of individuals, the authority of justice, the protection of commercial property, etc. In the European Court of Human Rights (ECtHR) case law, at least such elements of freedom of expression are highlighted: freedom to adhere to views; freedom to disseminate information and ideas; freedom to receive information and ideas; freedom of the press; freedom of radio and television broadcasting.The ECtHR's approaches to derogation are studied. The ECtHR`s jurisprudence contains several cases related to limiting freedom of expression during the derogation. The authors argue that despite security threats, the ECtHR believes that without dialogue within society, a democratic process is impossible. Therefore, imposing disproportionate restrictions on freedom of expression violates Art. 10 of the Convention on the Protection of Human Rights and Fundamental Freedoms (hereinafter ECHR or Convention). Criteria for determining the proportionality (a necessity in a democratic society) of interference with freedom of expression under martial law can be: the sphere of social relations to which the information belongs; the primary source of information; credibility of information; consequences of dissemination of information; the subject of information dissemination; method of dissemination of information.