According to international regulations, the right to a personal opinion is absolute – “regardless of borders”.
The European Convention plays a crucial role in regulating freedom of expression, allowing for exceptions and the possibility of restrictions on the “realization of these freedoms”.
The European Court, in the case of Kozakov v. Russia, accepted the fine imposed on him for defamation. However, it also stated that the apology, as a form of satisfaction, is a disputed concept and not necessarily required.
The right to freedom of expression also includes the right not to express an opinion.
The European Commission for Human Rights found a violation of the right to expression in the case of K. v. Austria, in the case where he was deprived of his liberty because he refused to testify in the criminal proceedings against him, that is, he was not allowed the right not to express himself.
States should protect the right to freedom of expression in certain circumstances, and most of the cases before the European Court refer to states that pass such laws that prohibit certain types of expression, thereby directly limiting or excluding that right.
B.P.