Freedom of Expression in Cyberspace: The Good and the Bad
Freedom of Expression in Cyberspace: The Good and the Bad

Author(s): Carmen Moldovan
Subject(s): Human Rights and Humanitarian Law, ICT Information and Communications Technologies, Sociology of Law
Published by: ADJURIS – International Academic Publisher
Keywords: free marketplace of ideas; scope; limits; normative equivalence; digital fundamental rights;
Summary/Abstract: The hegemony of Internet and social networks created an unprecedented environment for communication of opinions and ideas, a fundamental need for the information society. Freedom of expression is one of the most important digital rights and strongly connected to the idea of a fundamental right to access to the Internet (supported by Special Rapporteur Frank la Rue and other international bodies) as part of fundamental rights. The aim of the paper is to analyse the flexibility of the scope and limits of freedom of expression in Cyberspace having as a starting point the general accepted approach that the same safeguards are applicable. The debate also concerns the power relationship between the owners of different parts of Cyberspace and the holders of rights that will be addressed from two different perspectives: positive and negative consequences. The constant evolution and development of communication technologies supports all components of expression and can be easily observed. The negative effects are more sensitive as they imply dissemination of hate speech, incitement to discrimination, war propaganda, misinformation, manipulation, and fake news.

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