Freedom of expression

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  • Publié le : 9 novembre 2010
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Our chosen article, which is the Art. 16, Freedom of expression and of information of the Swiss Fed. Cst, is guaranteed by the Art. 10, Freedom of expression of the E. Convention HR.

Thethree paragraphs of the Art. 16 Swiss Fed. Cst., does appear in the art. 10 para. 1 E. Convention HR.

In Fact, the Art. 10 para. 1, says that “everyone has the right to freedom of expression”,which is pretty similar, in meaning, to the 1st part of the Art. 16 para. 1 of the Swiss Fed. Cst.
The thing is that this paragraph goes into the details and describes what this right to freedomof expression does include. In fact, it does guarantee the freedom of opinion and the one “to receive and impart information and ideas”, which, respectively, look like the para. 2 and 3 of the Art.16 Swiss Fed. Cst. However, it does add a part concerning the role of the authority and its responsibility in the Art. 10 para. 1 E. Convention HR: “without interference by public authority andregardless of frontiers.”

At the end of the Art. 10 para 1, there is, however, a warning informing people of what aspect the article doesn’t take in charge. It says that “This article shall notprevent States from requiring the licensing of broadcasting, television or cinema enterprises.” which means that the State can ask for special authorization of spreading certain information, especially inthe media.

The Art. 10 para. 2, E. Convention HR., explain, that even if freedom of expression is a right, one cannot overuse this right “since it carries with it duties andresponsibilities.” In fact, this paragraph does list a certain amount of reasons in which the respect of this right is necessary and for which one must use this right carefully, on ”conditions, restrictions orpenalties as are prescribed by law”.

In conclusion, we can see that the Art. 10 from the E. Convention HR. is more complete than the Art. 16, Swiss Fed. Cst., which only speak about freedom of...
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