Patryk Kukliński
Przegląd Konstytucyjny, Numer 3 (2019), 2019, s. 61 - 79
Freedom of artistic expression in the case-law of the European Court of Human Rights
The main topic of this work is the analysis of the freedom of artistic expression with the focus on the case-law of the European Court of Human Rights. The article discusses the basic components of freedom of expression such as the freedom to hold opinions and to receive and impart information and ideas. This work indicates the subjective criteria (features of the author’s speech and the specifics of hers/his statement ) and the subject (field, content, form, medium, and type of expression) which determine the scope of protection of freedom of expression. Article defines the criteria for restricting the freedom of expression and legitimate aims contained in the limitation clause in Article 10 section 2 of the European Convention on Human Rights. The considerations coveres the specificity of freedom of artistic expression. The analysis takes into account the position of artistic expression in the hierarchy of particular types of speech and the historical evolution of protection of these contents in international acts and ECHR jurisprudence. The key issues are the role of artistic expression in a democratic society, the limits of freedom of artistic expression stemming from the European Convention on Human Rights and the case-law of the ECHR, as well as current trends in the case-law of this Court.