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Article 25: Freedom of Expression and Information

Chapter IIHigh

Constitution Text

“Everyone shall have the right to have his own convictions and freely express them. No one must be hindered from seeking, receiving, or imparting information and ideas. The freedom to express convictions, as well as to receive and impart information, may not be limited otherwise than by law when this is necessary to protect human health, honour or dignity, private life, or morals, or to defend the constitutional order. The freedom to express convictions and to impart information shall be incompatible with criminal actions—incitement to national, racial, religious, or social hatred, incitement to violence or to discrimination, as well as defamation and disinformation. Citizens shall have the right to receive, according to the procedure established by law, any information held about them by state institutions.”

Summary

This article guarantees the right to hold convictions and express them freely, and to seek, receive and impart information and ideas. The freedom may be limited only by law and only for the listed purposes, and it is incompatible with incitement to hatred, defamation and disinformation. Citizens have the right to obtain information held about them by state institutions.

Key Points

  • •Everyone has the right to hold their own convictions and to express them freely.
  • •No one may be hindered from seeking, receiving or imparting information and ideas.
  • •The freedom may be limited only by law, when necessary to protect health, honour and dignity, private life, morals or the constitutional order.
  • •The freedom is incompatible with incitement to national, racial, religious or social hatred, violence or discrimination, and with defamation and disinformation.
  • •Citizens have the right, by the procedure established by law, to receive information held about them by state institutions.

Practical Example

A person may freely criticise the Government on social media, but calling for violence against an ethnic group or defaming someone is punishable under the law. A citizen can also ask the Migration Department or any other institution to hand over all the data it holds about them.

Exam Tips

Remember that freedom of expression may be limited only by law, and what it excludes: incitement to hatred, violence and discrimination, defamation and disinformation. Note that the right to obtain information about oneself from state institutions belongs to citizens.

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