Drepturi și libertăți în criza sanitară. Dreptul la liberă exprimare. Fenomenul fake news
Rights and Freedoms in the Health Crisis. The Right to Free Speech. Fake News Phenomenon

Author(s): Versavia Brutaru
Subject(s): Social Sciences, Law, Constitution, Jurisprudence, Criminal Law, Human Rights and Humanitarian Law, Communication studies, Sociology, Health and medicine and law
Published by: Universul Juridic
Keywords: rights and liberties; freedom of expression; pandemic; shifting paradigm;
Summary/Abstract: The citizen, in a democratic state, has assumed duties and freedoms guaranteed by the state, equal for all citizens. The two notions are not in the same plan and do not have the same content. Human rights are a minimum of prerogatives necessary for human self-determination, while public rights and freedoms are prerogatives that ensure the security of the individual and his protection, they being his true claims on society. A human activity is legally free, to a greater or lesser extent, in a hierarchical system: there are, however, totally forbidden acts (crime, violence, destruction, etc.); there are acts or actions permitted under certain conditions, for example, obtaining an authorization from the competent authorities; and there are acts / actions allowed, free, but in compliance with state laws. Therefore, some of them may be banned altogether, and this may be legitimate depending on the purpose pursued - for example, to uphold the rights, freedoms or dignity of others. Public freedoms are not absolute. Everyone's freedom must respect the other's, and any form of freedom is limited by a legal system (even in states with liberal regimes).

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