Freedom of Speech and Freedom of Information: Understanding the Differences and Coincidences

Freedom of Speech and Freedom of Information are essential human rights that allow individuals to express thoughts and receive truthful information. While Freedom of Speech pertains to the expression of ideas through various means, Freedom of Information involves the communication and reception of accurate information. These rights are crucial for the development of personality and the functioning of a democratic society. Limitations exist, such as considerations of honor, privacy, and self-image. Understanding the criteria and balancing these rights is fundamental, especially in relation to the preservation of public opinion and individual rights.

• Freedom of Speech
• Freedom of Information
• Human Rights
• Democratic Society

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1. Freedom of Speech- F. of Information: Diferences According to the content: the right to F. Speech: freely Express and spread thoughts, ideas or opinions through words, in writings or any other means of reproduction F. Information: freely communicate or receive Truthful (veracious) information by any means of dissemination According to who are holders: F. Speech: Everyone has the R to express themselves Only some have the opportunity to express themselves through the Media Significant social groups (Conf) R of Access to Public Media R. Information active ==> journalists passive ==> all

2. Freedom of Speech- F. of Information: Coincidences Human Right of the individuls Necessary for the free development of personallity Tennat (basice principle) of a Democratic Sistem If there is no Freedom of Speech-Freedom of Information, no Public Opinion

3. LIMITS (GENERAL TERMS) Honour Internal side: (feeling of self-esteem:) right to have a good image of myself (self-esteem) External side: Right to have a good reputation before others Privacy: Right to have a private sphere where I can freely develop my own personality Self image: Right to expose or disseminate my image by any means (photo, engraving)

4. Freedom of Speech Vs. Other Human Rights Jurisprudential Criteria Freedom of Speech Other Human Rights

5. Constitutional Court Criteria : Freedom of Speech vs. Honour Premises While facts can be tested, opinions are not susceptible of proof Prevalent Character: Fundamental Right + Basic P of a Democratic State (public opinion) Limits, must be interpreted in a restrictive way

6. Honour

7. PRIORITY to Freedom of Speech IF 1) Its direct and principle aim, IS NOT to insult (hate speech)- F. Speech doesn't recognize a R to insult others Take into account The way through which the opinion is uttered: written media/ audio visual M. (+ likely to passionate reactions) If they insult or just reproduce an insult uttered by other: neutral report: (no animus injuriandi) 2) If there is a link between the statement veracious fact of public interest 3) Proportionality between the used expressions and the ideas transmitted ( necessary or unnecessary) 4) Profession (of the receiver of the offense (politicians) // of the one that uttered it (journalist) 5) If Context & circumstances legitimize (or justify) the expression insult as reaction ius retoquendi (the aim is not offending but reacting to an offense)

8. F. of information vs. Honour, Privacy & Self Image Premises Facts, unlike opinions, can be proved Prevailing nature of freedom of information : H. Rights: + Core P of a Democratic State (Public Opinion)

9. F. Speech, Prevalent, Prevalent, if the piece of if the piece of information is information is 1) Veracius True as exclusion of mistakes (does not demand rigorous accuracy ) Information should be elaborated with the due diligence of a good journalist Reliable sources Properly checked (if it is based on mere rumours ) Understood & properly Expressed (rigour & accuracy words (avoid misunderstanding) 2) of Public Interest according to Content: relevant, contributes to form public opinion Distinguish public interest (helps to form Public Opinion) interest of the public (audience). People : Given their job they assume the condition of public figures celebrities