Freedom of information online under Article 10 of the European Convention on Human Rights

Abstract

Society has become more and more digitised and dependent on online structures. The internet has changed the way in which different actors of society, including individuals, process information. The media environment has changed rapidly due to the development of the internet. The internet consists of flows of information. Therefore, the right to freedom of information, as part of freedom of expression, is an important human right today. The aim of the thesis is to study and analyse the scope and content of the right to freedom of information in the context of the internet. The thesis aims to specify legal issues and challenges related to freedom of information online. The focus is on the European Convention on Human Rights and its Article 10. The case law and general principles of the European Court of Human Rights are presented, analysed and discussed. It can be argued that, currently, the international human rights law does not adequately answer to the challenges of the digital age. International human rights law regulations concerning the internet and new technologies are scarce. This is mainly because the development of technology has been so rapid that legislation has been unable to keep up to date. The protection of freedom of information online is constantly improving as the Court’s case law emerges. The international human rights law can only impose obligations on states. On the internet, private companies are governing communication and the flow of information and the power of states is limited. As companies have more power on individuals’ lives online and the power has shifted from the state to major internet companies, it is probable that some of the fundamental principles of international law will be re-formulated in the future in order to guarantee effective protection of human rights in the digital age. For instance, positive obligations under the Convention might broaden. iv The European Court of Human Rights has in its case law acknowledged the importance of the internet for the protection and fulfilment of freedom of expression and information. The same legal norms and principles that are traditionally applied in the cases under Article 10 are largely applicable in the cases concerning freedom of information online. However, the principles that are applicable to the traditional media might need to be developed, to some extent, regarding the online media in order to take account of the special characteristics of the online media. Recently, the Court has acknowledged that the right of access to information exists under Article 10 in certain circumstances but is limited to state-held information that is of public interest. Online, a lot of information that is of public interest is possessed by private companies and thus, the Convention does not grant the right of access to such information.