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This chapter examines the evolution of freedom of expression doctrines in the context of digital media. It focuses on how the European Court of Human Rights has adapted traditional doctrines, rooted in Article 10 of the European Convention on Human Rights, to address challenges in the new media environment. The authors explore how freedom of expression, vital to democracy, must balance individual rights, societal interests, and the regulation of disinformation and hate speech in the digital age. The Court’s defence of democracy has evolved from responding to authoritarian threats in Europe’s past to addressing new risks in the digital realm. Principles such as proportionality, the prohibition of abuse of rights (Article 17), and preventing the misuse of democratic freedoms (Article 18) guide limitations on expression, ensuring they are justified and not misused for political suppression. Social media has expanded the concept of ‘public watchdogs’ beyond traditional media to include non-governmental organisations, bloggers, and activists. This evolution demands rethinking the liability and freedom of expression doctrines for platforms.
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