COVID and free speech: the impact of COVID-19 and ensuing measures on freedom of expression in Council of Europe member states

In the article Peter Noorlander analyzes the following challenges to implementation of the right to freedom of expression during the COVID-19 pandemic: public disorder and violence against journalists; restrictions on media implemented by permanent legislation; excessive measures to combat disinformation; immense financial pressure on media due to a collapse of advertising and other income; numerous criminal cases against journalists critical of the government; vulnerability of journalistic sources to confidentiality breaches; and more. Actions of Council of Europe member states reveal existing vulnerabilities in legislation and affect the structure of interaction between human and government. Democratic values which are a foundation of all civilized existence must be protected in a situation of rapidly changing reality. Free speech is an indicator of the degree of achievement of these values. It allows expression of critical views about the established structures of the society. By restricting freedom of speech, governments may lose not only the existing achievements of the civilized world but regress to earlier stages of development. The author concludes that the adoption of these restrictions and methods against disinformation is a serious violation of fundamental human rights, particularly freedom of expression. The author finds a solution to the problem in an alternative to a purely imperative regulatory approach, namely, ensuring safety and security of journalists, close cooperation with media associations for long-term support, ensuring that any emergency response measures are based on the requirements of Article 10 of the Convention, public and prompt condemnation of all acts of violence against journalists, сreation of an environment enabling quality journalism, and promotion of media and informational literacy.

About the author: Peter Noorlander – Expert of the Council of Europe, Strasbourg, France.

Citation: Noorlander P. (2021) Kovid i svoboda slova: vliyanie COVID-19 i posledovavshikh za etim mer na svobodu vyrazheniya mneniya v gosudarstvakh — chlenakh Soveta Evropy [COVID and free speech: The impact of COVID-19 and ensuing measures on freedom of expression in Council of Europe member states]. Mezhdunarodnoe pravosudie, vol. 11, no. 4, pp. 19–38. (In Russian).

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