The main goal of this essay is to explore the method used by the European Court of Human Rights for balancing freedom of expression with competing rights, with an eye to the problem of fake news. Section 2 offers a minimal reconstruction of the framework established by Art. 10 ECHR. Section 3 explains how the Court’s method for weighing freedom of expression with competing rights is much more than an ad hoc, case by case, balancing, for it is instead a sliding-scale approach oriented by the general principle of proportionality. Section 4 deals with the chal- lenge of fake news. The final Sect. 5 contains a summary of the arguments developed in the essay and a short conclusion.
Freedom of Expression, Sliding-Scales, and Fake News
Sardo, Alessio
2021-01-01
Abstract
The main goal of this essay is to explore the method used by the European Court of Human Rights for balancing freedom of expression with competing rights, with an eye to the problem of fake news. Section 2 offers a minimal reconstruction of the framework established by Art. 10 ECHR. Section 3 explains how the Court’s method for weighing freedom of expression with competing rights is much more than an ad hoc, case by case, balancing, for it is instead a sliding-scale approach oriented by the general principle of proportionality. Section 4 deals with the chal- lenge of fake news. The final Sect. 5 contains a summary of the arguments developed in the essay and a short conclusion.
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