Volume 19, Issue 60 (4-2025)
MLJ 2025, 19(60): 675-688 |
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Famouri S, Olohi Nazari H. Protecting the Right to Freedom of Expression of Journalists Active in the Field of Medicine and Health on the Internet from the
Perspective of European Human Rights. MLJ 2025; 19 (60) :675-688
URL: http://ijmedicallaw.ir/article-1-1912-en.html
URL: http://ijmedicallaw.ir/article-1-1912-en.html
1- Department of Public Law, Faculty of Law and Political Sciences, Tehran University, Tehran, Iran.
Abstract:
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Background and Aim: The right to freedom of expression is described as a first-generation human right in the Universal Declaration of Human Rights, the European Convention on Human Rights, the International Covenant on Civil and Political Rights and even international labor rights instruments. The importance of this right is to the extent that today, in some documents such as Article 17 of the United Nations Model Law on Freedom of Information, it has been transformed from a right into an obligation. The purpose of the present study is that, considering the development of two important international documents, the European Convention on Human Rights (Article 10) and the Charter of Fundamental Rights of the European Union, the first of which is in the field of protecting the rights of European citizens, including the right to freedom of expression in newspapers, by the member states of the Convention and the second in the field of protecting the rights of European citizens by the European Union; it should be concluded that the protection of the right to freedom of expression of journalists in the European Union takes place at two levels: the state and the Union itself and therefore, its violation can, in addition to entailing the responsibility of the member states.
Method: The method used in this research is descriptive-analytical. In this regard, reliable library sources, including primary sources, namely the European Convention on Human Rights, the Charter of Fundamental Rights of the European Union, relevant documents at the level of the World Health Organization and secondary sources, namely doctrines and theories related to the protection of the right to freedom of expression of journalists active in the field of medicine and health on the Internet, are used. Ethical Considerations: This research is based on ethical considerations such as scientific integrity, originality of the text, non-discrimination and good faith. Results: The general public does not have enough information and time to obtain health and medical information and in the meantime, due to various reasons such as the high cost of treatment and health, the complexity of medical and therapeutic matters, etc., this lack of access to medical and pharmaceutical information is exacerbated. In the meantime, journalists are considered as a bridge between the medical and therapeutic community and citizens. Duties and rights related to the right to freedom of expression regarding health and treatment information for journalists who attempt to publish information in this field have been specified for governments in the case law of the European Court of Human Rights, including non-discrimination in providing medical and health information, providing accurate and uncensored information regarding citizens' health. Conclusion: The result of this research is that there are restrictions on the right to freedom of expression of journalists in both the case law of the European Court of Human Rights and the member states, including hate speech, incitement to riot and defamation, in which cases, journalists are not allowed to have any freedom of expression. There are challenges in the case law of the European Court of Human Rights in relation to protecting the right to freedom of expression of journalists, including the impossibility of issuing an advisory opinion of the Court in relation to this right, the wider discretion of the member states of the European Convention on Human Rights compared to the Court in determining cases of restrictions on the right to freedom of expression of journalists.
Famouri S, Olohi Nazari H. Protecting the Right to Freedom of Expression of Journalists Active in the Field of Medicine and Health on the Internet from the Perspective of European Human Rights. Medical Law Journal. 2025; 19: e45.
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Keywords: Right to Freedom of Expression, Medical and Health Matters, European Court of Human Rights, Journalist, European Convention on Human Rights
Type of Study: Original Article |
Received: 2024/11/3 | Accepted: 2025/03/5
Received: 2024/11/3 | Accepted: 2025/03/5
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