Kristina Rademacherová
Author’s affiliation: Faculty of Law, Charles University

Is the Freedom to Share and Receive Information in a Virtual Environment a Virtual Freedom?

Jurisprudence 3/2018 Section: Articles Page: 3–18

Keywords: Dissemination of information, virtual environment, cyberspace, Internet, freedom of expression

Abstract: With the emergence of information and communication technology, the freedom of expression including the freedom to receive and impart information has undergone significant changes. Even though the democratization processes of online information publication seemingly evoke an unlimited possibility to spread and accept almost anything in a virtual environment, the freedom to receive and impart information in cyberspace is not a process without obstacles. Certain principles and legal rules may be deducted from the decision-making practice of the European Court of Human Rights and the Court of Justice of the European Union, as well as from the recommendations of certain international organizations. The freedom to receive and impart information in cyberspace may be seen as a basic human right, but also from the point of view of the EU prohibition of any free market restrictions based on any form of discrimination.