eu-charter

EU Charter of Fundamental Rights

Article 11 - Freedom of expression and information

Article 11 - Freedom of expression and information

1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.
2. The freedom and pluralism of the media shall be respected.

 

    • Text:

      1. Article 11 corresponds to Article 10 of the European Convention on Human Rights, which reads as follows:

      "1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

      2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary."

      Pursuant to Article 52(3) of the Charter, the meaning and scope of this right are the same as those guaranteed by the ECHR. The limitations which may be imposed on it may therefore not exceed those provided for in Article 10(2) of the Convention, without prejudice to any restrictions which Community competition law may impose on Member States' right to introduce the licensing arrangements referred to in the third sentence of Article 10(1) of the ECHR.

      2. Paragraph 2 of this Article spells out the consequences of paragraph 1 regarding freedom of the media. It is based in particular on Court of Justice case law regarding television, particularly in case C-288/89 (judgment of 25 July 1991, Stichting Collectieve Antennevoorziening Gouda and others [1991] ECR I-4007), and on the Protocol on the system of public broadcasting in the Member States annexed to the EC Treaty, and on Council Directive 89/552/EC (particularly its seventeenth recital).

      Source:
      Official Journal of the European Union C 303/17 - 14.12.2007
      Preamble - Explanations relating to the Charter of Fundamental Rights:
      These explanations were originally prepared under the authority of the Praesidium of the Convention which drafted the Charter of Fundamental Rights of the European Union. Although they do not as such have the status of law, they are a valuable tool of interpretation intended to clarify the provisions of the Charter.
    • Limited company titled “…” v. Greek National Council for Radio and Television
      Decision date:
      Deciding body type:
      National Court/Tribunal
      Deciding body:
      Council of State
      Type:
      Decision
      Policy area:
      ECLI (European case law identifier):
    • Funke Medien NRW GmbH v Bundesrepublik Deutschland
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Grand Chamber
      Type:
      Policy area:
      ECLI (European case law identifier):
      ECLI:EU:C:2019:623
    • Spiegel Online GmbH v Volker Beck
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Court (Grand Chamber)
      Type:
      Decision
      Policy area:
      ECLI (European case law identifier):
      ECLI:EU:C:2019:625
    • Case upon the request of 55 Members of the Parliament
      Decision date:
      Deciding body type:
      National Court/Tribunal
      Deciding body:
      Constitutional Court of the Republic of Bulgaria
      Type:
      Policy area:
      ECLI (European case law identifier):
    • Proceedings brought by Sergejs Buivids.
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Court (Second Chamber)
      Type:
      Decision
      Policy area:
      Information society
      ECLI (European case law identifier):
      ECLI:EU:C:2019:122
    • Re. the application of XXX Michael DT and CCC Michael DT.XXX for permit to file for a certiorari order
      Decision date:
      Deciding body type:
      National Court/Tribunal
      Deciding body:
      Supreme Court of Cyprus
      Type:
      Policy area:
      ECLI (European case law identifier):
    • GC, AF, BH, ED v Commission nationale de l’informatique et des libertés (CNIL)
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Advocate General
      Type:
      Opinion
      Policy area:
      ECLI (European case law identifier):
      ECLI:EU:C:2019:14
    • Spiegel Online GmbH v Volker Beck
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Advocate General
      Type:
      Opinion
      Policy area:
      ECLI (European case law identifier):
      ECLI:EU:C:2019:16
    • Südwestrundfunk v Tilo Rittinger and Others
      Decision date:
      Deciding body type:
      Court of Justice of the European Union
      Deciding body:
      Court (Fourth Chamber)
      Type:
      Decision
      Policy area:
      Competition
      ECLI (European case law identifier):
      ECLI:EU:C:2018:1019
    • X and the Data Protection Ombudsman v Google Finland and Google Inc.
      Decision date:
      Deciding body type:
      National Court/Tribunal
      Deciding body:
      Supreme Administrative Court
      Type:
      Decision
      Policy area:
      Information society
      ECLI (European case law identifier):
      ECLI:FI:KHO:2018:112

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