Freedom of expression and the rights of others : some aspects

Abstract

The aim of this thesis is to examine the scope and the nature of the right to freedom of expression as guaranteed both in Article 10 of The European Convention of Human Rights and in Article 41 of The Maltese Constitution. This evaluation commences with an explanation of the general principles underlying this right followed by an analysis of those circumstances which justify a restriction of the right to freedom of expression. The thesis then attempts to provide an insight on two particular aspects. The first aspect explains the relationship which exists between the media and the right to freedom of expression, where a special reference is made to the offence of defamation and the role it plays within this field. The second aspect analyses the line of demarcation between one fundamental human right and another, that is, to what extent freedom of expression would have priority or would be limited when it must be considered together with other fundamental human rights. The two specific human rights which I have decided to analyse are the right to privacy and the right to a fair trial. This study has analysed these various aspects mainly through the use of jurisprudence and through the use of some basic principles which emerge from this right. In certain instances, to have a more complete perspective, these principles have also been evaluated from the point of view of the American Courts. This thesis must be seen as a general study of the importance of the right to freedom of expression, with a specific reference to the media.