FREEDOM OF EXPRESSION AND MEDIA FREEDOM IN EUROPE IN TIMES OF THE COVID-19 CRISIS

Abstract

Freedom of expression and media freedom are crucial components for the functioning of one
democratic society. The restrictions imposed during the Covid 19 pandemic had impact on the
media and the flow of information to the public, in a way that in numerous European states it reopened certain pre-existing weaknesses in the legal frameworks. The limitations on freedom of
movement, the measures to combat disinformation and the fall in advertising triggered a rise in
incidents against journalists, protests and difficulty with access to information. The media was in
particular limited on the choice of content to be published and the format of submitting questions
during live press conferences, which leaves open the accuracy of the information transmitted.
The support measures by the countries varied and they were mostly of legal nature, such as
providing relevant information in the form of public announcements or relaxing the regulatory
requirements. However, it is questioned whether there was sufficient financial support and
whether certain restrictions on the media freedom were in accordance with the three-step test of
the European Convention on Human Rights, in particular the necessity and proportionality
criteria. The paper will analyze the handling of the crisis in several European states (members of
Council of Europe), the most relevant measures taken in the context of the media, and the
practice of invoking criminal proceedings, by taking the pandemic as a pretext.