Freedom of expression

• Author: Oljana Hoxhaj
• Position: University 'Ismail Qemali', Vlore, Albania
• Pages: 168-177

Freedom of expression

PhD Student Oljana HOXHAJ

1

Abstract

In this paper "Freedom of expression" I’ ve tried to explain the close relationship

between freedom r ight and other constitutiona l freedoms, which ha ve a direct impact on

values consolida tion in a democra tic society and giving possibilities for the public to be

active in the decision making process. The resear ches are ba sed in three dir ections: the

doctrine of inter national low, in Albania n literatur e; in na tive a nd foreign legisla tion and

also in jurispr udence of Albanians courts and the Europea n Court of Human Rights. The

theme dedicates a wide space freedom of expression in the context of public debate, thereby

guara nteeing the public's right to know. Man y ca ses of interference in freedom of

expression, has been given special importa nce in legal terms. This intervention must have a

legitimate purpose to protect more than one of the public inter ests. All of this work focuses

on sha ring the idea that everyone ha s the right to freedom of opinion a nd expression; this

right includes freedom to hold opinions without inter ference, receive a nd impart

information and idea s through any media and rega rdless of frontier s.

Keywords: right, freedom of expression, media, information.

JEL Classification: K19

I. Preliminary

The freedom of expression constitutes the rights’ foundation stone and the

fundamental freedoms. The freedom of expression is fundamental to the existence

of a democratic society and to the creation of the possibility that the public to

participate in the decision making process. The citizens cannot participate in the

decision making process and to exercise their right to vote, if they do not enjoy free

access for information and ideas and to express their views freely. The violation of

freedom of expression causes the violation of other human rights and other

freedoms such as gathering and organizing freedom2.

In Article 22 of our Constitution is sanctioned a wider recognition of the

freedom of expression. Placing it in an important plan, immediately after the

freedom to live, makes us realize how important it is such freedom in a democratic

system. Democratization of a legal order is proportional to the extent to which

freedom of expression is recognized and put to implement.

In reality the freedom of expression is a criterion, on which can be realized

other freedoms such as personal freedom the freedom, the freedom of residence,

the freedom of association, the freedom of religion etc. Just the freedom of speech,

i.e. the right to give and to spread news, opinions and reviews to ensure the right of

1 Oljana Hoxhaj - University „Ismail Qemali”, Vlore, Albania, oljana.hoxhaj@gmail.com

2 Jeta juridike, Altin Shkurti, Dhjetor 2005, fq 54