PROBLEMS OF LEGAL REGULATION AND ENSUREMENT OF THE RIGHT TO FREEDOM OF EXPRESSION

Santrauka

Freedom of expression was established in the last century, due to new technologies, the expansion of communication methods and everyone's inner need to express their thoughts and beliefs, the growth of the process of globalization and the dynamic way of life, the increase in opportunities to present their point of view without revealing their identity, requires re-examination of the concept of freedom of expression, the peculiarities, sufficiency and shortcomings of its legal regulation, established in a modern, digitized society. The implementation of freedom of expression, due to the insufficiently clearly defined boundaries of this right, may lead to a narrowing of the rights of others, or the violation of the rights of others.
This scientific article’s aim is to reveal the concept of the right to self-expression, problematic aspects and reasons.
After analyzing legal doctrine, court practice and the results of the empirical study, it was revealed that, the concept of freedom of expression is a heterogeneous concept that includes the ability to have and form one's own beliefs, the ability to share them in all ways and means. Freedom of expression must be seen both as a way of self-realization and as a fundamental condition for the existence of a harmonious democracy. However, the cornerstones that separate hate crimes from self-expression must be taken into account when assessing each situation individually. In particular, unjustifiably damaging and hateful information must be made public, directed at persons belonging to minority groups, and the content of the thoughts disseminated must be such as, albeit indirectly, to encourage discrimination and hatred towards persons belonging to minorities. Disseminated information should not simply disturb or shock, but should unreasonably denigrate a certain group of persons, often encouraging them to deal with them by using mental or physical violence. From the data obtained, it can be seen that when delimiting freedom of expression from a hate crime, police officers pay attention to the purpose of the perpetrator to incite hatred and other persons, the prejudice of the perpetrator and the publicity of the act committed.