Media and terrorism: new challenges for freedom of expression?

Résumé du document

Benjamin Cardozo, an American jurist of the 20th century, used to say that "Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom?. As such, freedom of expression was recognised, as early as at the end of the 18th century, as a fundamental right in democratic societies, both in some European States and in the United States of America. Since then, it has gained a great level of protection in most of the modern societies and is seen as a human right for different reasons. First, the individual has a right to express his opinion as well as the public has a right to be properly informed. Then, the free flow of information in society allows for economic development and diversity of opinions in the public debate. The European Convention on Human Rights (hereafter ECHR) protects it in its Article 101.

Extraits

[...] Council of Europe, Committee of Ministers, Declaration on freedom of expression and information in the media in the context of the fight against terrorism, March International Federation of Journalists, “Journalism, Civil Liberties on the War on Terrorism”, Report on the Conference Journalism, War and Civil Liberties, April p International Federation of Journalists, op. cit., p International Federation of Journalists, op. cit., p BIBLIOGRAPHY Newpapers articles liberté d'expression ne donne pas tous les droits”, Courrier international - L'opinion du jour, February Art Spiegelman, “Drawing blood Outrageous cartoons and the art of outrage”, Harper's Magazine, June 2006 Jan M. Olsen, “Danish Court Rejects Cartoons Lawsuit”, Guardian Unlimited, October European texts European Court of Human Rights, Sunday Times v. [...]

[...] Indeed, it had obtained a derogation from its obligation under Article 6 of the European Convention on Human Rights to provide a fair trial for suspected foreign terrorists. It is the only country of the Council of Europe “that has felt it necessary to take such drastic action” 23. On the other hand, the Netherlands' willingness to take measures such as making it a criminal offence to condone or applaud certain acts of terrorism has been met with fierce resistance. According to Human Rights organisations, this would infringe freedom of expression. [...]

[...] At a European level, the Council of Europe's aim is to “strengthen member states' efforts to prevent terrorism” 15. Nevertheless, the main idea is that the fight againt terror does not constitute per se a sufficient reason to justify more restrictions to freedom of expression, which is and must stay the principle. Terrorism must not be used as a pretext to restrict freedom of expression, thought a compromise has to be found. Idem Art Spiegelman, op. cit., p European Court of Human Rights, Sunday Times v. [...]

[...] Media and terrorism: new challenges for freedom of expression? Benjamin Cardozo, an American jurist of the 20th century, used to say that “Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom”. As such, freedom of expression was recognised, as early as at the end of the 18th century, as a fundamental right in democratic societies, both in some European States and in the United States of America. Since then, it has gained a great level of protection in most of the modern societies and is seen as a human right for different reasons. [...]

[...] As for the Parliamentary Assembly of the Council of Europe, it adopted, on June the Recommendation 1706 on Media and Terrorism, defining terrorist acts as “intended to create terror, fear or chaos among the public”. It warns the media: spread of public terror, fear and feelings of chaos depends largely on the images and messages being carried by media reports about the terrorist acts and threats. The omnipresence of the mass media at global level frequently exaggerates these effects out of proportion” 19. [...]