Internet Law & Freedom of expression

Freedom of expression is one of the fundamental rights, protected by Article 11 of the 1789 Declaration of the Rights of Man and of the Citizen and Article 10 of the European Convention on Human Rights.

Despite its essential nature, this freedom has limits. As Rousseau wrote during the Enlightenment, “liberty begins where that of others ends.” French legislation and international conventions define the situations in which freedom of expression may be restricted.

These include hate speech, incitement to violence or terrorism, and the protection of national symbols.

Moreover, freedom of expression must not infringe upon another person’s reputation, thus prohibiting insults, defamation, and disparagement.

It must also be exercised in compliance with any applicable confidentiality clauses and the intellectual property rights of third parties.

The regulation of freedom of expression takes on even greater importance in the digital sphere, where the proliferation of content — textual, visual, or otherwise — multiplies the exchange of information. This raises crucial questions about the respective responsibilities of online actors and operators, particularly the distinction between the roles of hosting providers and content publishers.