Freedom of expression in the digital environment : how the European Court of Human Rights has contributed to the protection of the right to freedom of expression and information on the internet

This chapter analyzes the jurisprudence of the ECtHR on the right to freedom of expression (Article 10 ECHR) situated in the Internet environment. In a series of cases the ECtHR found that interferences with certain types of Internet content were necessary in a democratic society, referring to the (risk of) harmful impact of the content at issue, due to the Internet environment. The ECtHR in other domains found violations of Article 10 ECHR, emphasizing some Internet-specific features of the Internet justifying strong guarantees for online freedom of expression and information. The chapter explains how the ECtHR's jurisprudence has helped to create a higher level of guaranteeing the right to freedom of expression in the online environment, 'overruling' (the application) of provisions of national law curtailing in an unlawful, arbitrary, unnecessary or disproportionate way the rights protected under Article 10 ECHR