RIGHT TO FREEDOM OF EXPRESSION V. REPUTATION PROTECTION (BASED ON ECTHR PRACTICE MATERIALS)

Abstract

The urgency of the study is stipulated by the necessity to clarify the criteria allowing courts to determine a balance between the right to freedom of expression and the right to reputation protection as part of the right to privacy. The purpose of the article is to elucidate, through the European Court of Human Rights practice, the provisions allowing defamation cases to be resolved and additional criteria that can be used to consider such cases to be formed. The article clarifies that the criteria for finding a balance between the right to freedom of expression and reputation protection are the following: the content of the publication; degree of public interest in disseminated information, the behavior of the interested party to the publication; as additional criteria for determining the balance, it is suggested to use the purpose of the publication, as well as the results of linguistic examination.