REGIONAL MECHANISMS FOR THE PROTECTION OF JOURNALISTS’ RIGHTS, FORMED WITHIN THE COUNCIL OF EUROPE

Abstract

The article, based on the analysis of foreign literature and law enforcement practice, emphasizes that the regional mechanism for the protection of journalists’ rights, formed within the Council of Europe, is the most developed and effective international system for ensuring freedom of journalistic activity. It is based on the Convention for the Protection of Human Rights and Fundamental Freedoms and the case law of the European Court of Human Rights, which are inextricably linked. It is noted that the study of case law allows us to conclude that the ECHR proceeds from the priority of the right of society to receive information over the desire of the state to limit the dissemination of socially significant information, if such a restriction is not justified by convincing and sufficient grounds. Thus, any forms of prior censorship, criminal prosecution, or other restrictions on the professional activities of journalists are subject to particularly rigorous scrutiny for compliance with the requirements of Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms.