Dragan Dakić

ELEMENTS AND SCOPE OF FREEDOM OF SPEECH

IN A DEMOCRATIC SOCIETY

Freedom of expression is not only a basic political right but also a clear legal standard. In this article as one of aspect of expression, freedom of speech has been analyzed through its regional scope of safeguards and limits acceptable in democratic societies of modern Europe. Certain elements of freedom of speech such as characteristic of speech, extent of criticism and debate, use of official statistic data and applied limitations of speech were investigated. General description of this freedom has been drowned out from definition of main aspects of mentioned elements. Definitions were reached through examination of relevant case law of European court of human rights. Attempt has been made toward picturing distinction between safeguarded free speech and malicious and prohibited forms of speech. In the light of results achieved through research in this article it could be considered that there are two characteristic of freedom of speech. First one concerns its purpose. This element qualifies it as part of safeguarded freedom or as unacceptable behavior. Second one concerns obligation of the State in respect to this freedom. State obligations are reduced on negative obligations. Such narrow interpretation cannot be taken as correspondent to present day conditions.

Key words: freedom of speech, characteristic, criticism, limitations, interpretation.