Problems of Security of Information Freedom in the Practice of the Constitutional Court
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Abstract
The article deals with very important for the so-called new democracies constitutional control issues of protection of the information freedom.
This freedom is vital to the status of man of modern day society. The foundations of a person’ s right to information are laid in Article 25 of the Constitution of the Republic of Lithuania. Various aspects of this freedom are stated in other articles of the Constitution as well. For this reason, legal regulation of information is the object of the constitutional control.
The Constitutional Court of the Republic of Lithuania has decided several cases on the protection of aforementioned constitutional freedom. The Court, interpreting constitutional norms, drew some important conclusions: not only does this freedom concern individual persons, but also is the basis of the pluralist democracy since it directly relates to the implementation of other fundamental rights. The decisions in these cases have to be made within the wider contextual framework since TV/Radio media plays a central role regarding the access to information. Freedom to information is not unrestrained. Its restriction is but under the law and the purpose of such restriction is no protect certain other constitutional values.
In the article the aforementioned problems are analysed from the point of view of the Constitutional Court in its decisions regarding constitutionality of the Law on Alcohol Control, of the Law on Tobacco Control, of the Law on State Secrets and Their Protection, of the Statute of Lithuanian TV and Radio and of the other laws.
This freedom is vital to the status of man of modern day society. The foundations of a person’ s right to information are laid in Article 25 of the Constitution of the Republic of Lithuania. Various aspects of this freedom are stated in other articles of the Constitution as well. For this reason, legal regulation of information is the object of the constitutional control.
The Constitutional Court of the Republic of Lithuania has decided several cases on the protection of aforementioned constitutional freedom. The Court, interpreting constitutional norms, drew some important conclusions: not only does this freedom concern individual persons, but also is the basis of the pluralist democracy since it directly relates to the implementation of other fundamental rights. The decisions in these cases have to be made within the wider contextual framework since TV/Radio media plays a central role regarding the access to information. Freedom to information is not unrestrained. Its restriction is but under the law and the purpose of such restriction is no protect certain other constitutional values.
In the article the aforementioned problems are analysed from the point of view of the Constitutional Court in its decisions regarding constitutionality of the Law on Alcohol Control, of the Law on Tobacco Control, of the Law on State Secrets and Their Protection, of the Statute of Lithuanian TV and Radio and of the other laws.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
