FREEDOM OF SPEECH AND DEMOCRACY IN EUROPE

LEGAL CHALLENGES AND INSTITUTIONAL RESPONSES

Abstract

Freedom of speech is a fundamental pillar of democracy, enabling citizens to participate in public debate, hold governments accountable, and advocate for social and political change. In the European Union (hereinafter: EU) and the Council of Europe (hereinafter: CoE), legal frameworks such as the European Convention on Human Rights (hereinafter: ECHR) and the Charter of Fundamental Rights of the EU (hereinafter: EU Charter) safeguard this right. However, freedom of speech is increasingly challenged by legal and political pressures, including Strategic Lawsuits Against Public Participation (hereinafter: SLAPPs), disinformation, and restrictions on media freedom. These threats pose significant risks to democratic resilience in Europe, necessitating stronger legal protections and policy responses. This paper explores the relationship between freedom of speech and democracy in the EU and CoE, examining how institutions such as the European Court of Human Rights (hereainafter: ECtHR) and the European Court of Justice (hereinafter: CJEU) interpret and enforce free speech protections. The ECtHR has played a critical role in defining the boundaries of free expression, balancing the right to speech with concerns such as hate speech, national security, and privacy rights. At the policy level, the European Democracy Action Plan represents a key initiative by the European Commission to strengthen media freedom, combat disinformation, and protect journalists from legal harassment. In response, legislative initiative such as the Directive (EU) 2024/1069 of the European Parliament and of the Council of 11 April 2024 on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings aim to prevent the abuse of legal systems to suppress dissent. By analyzing key legal cases, policy developments, and institutional responses, this paper underscores the need for continued vigilance in protecting freedom of speech as a core democratic value in Europe.