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“Meždunarodnoe pravosudie” (International Justice) Journal

№ 1(21) 2017. Ekaterina Bykhovskaya. Right to freedom of expression in TV-broadcasting in the practice of the Inter-American Court of Human Rights

A commentary to the judgment of the IACHR of 22 June 2015 in the case of Granier and others (Radio Caracas Television) v. Venezuela

Ekaterina Bykhovskaya - Ph.D. (University of Essex), Senior Lawyer at the Registry of the European Court of Human Rights, Strasbourg, France.

DOI: 10.21128/2226-2059-2017-1-3-13

Abstract. Last year the Inter-American Court of Human Rights adopted a judgment in the Case of Granier et al. (Radio Caracas Television) v. Venezuela concerning the right to freedom of expression in the field of broadcasting. The article outlines the main points of the judgment, including individual and social dimensions of the right to freedom of expression, and particular importance attached by the Court to the possibility to express and to have access to a variety of opinions. The article further includes a comparative analysis of the practice of the Inter-American Court and the European Court of Human Rights with regard to the following issues: applications submitted by juridical persons, broadcasting licencing and relationship between the right to freedom of expression and the right not to be subjected to discrimination. The article also discusses the respective provisions of the American Convention on Human Rights and the European Convention on Human Rights and interpretation thereof by the Courts. The emphasis is made on their approaches to the examination of freedom of expression cases. Whereas this right is not absolute and is subject to restrictions, each Court applies a certain set of criteria in order to establish whether the restriction in question may be justified from the standpoint of the applicable Convention. The author concludes that despite the similarity of the general principles applied by both international courts of human rights to the freedom of expression in the field of broadcasting, their approaches to particular aspects of the cases differ in a number of respects.

Keywords: freedom of expression; broadcasting; discrimination, Inter-American Court of Human Rights, European Court of Human Rights.

Citation: Bykhovskaya E. (2017) Pravo na svobodu slova v oblasti televeshchaniya v praktike Mezhamerikanskogo Suda po pravam cheloveka: Kommentariy k postanovleniyu MASPCH po delu Gran'e i drugie (Radio Karakas Televidenie) protiv Venesuely ot 22 iyunya 2015 goda [Right to freedom of expression in TV-broadcasting in the practice of the Inter-American Court of Human Rights: A commentary to the judgment of the IACHR of 22 June 2015 in the case of Granier and others (Radio Caracas Television) v. Venezuela]. Mezhdunarodnoe pravosudie, no.1, pp.3–13. (In Russian).

 
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