Wolność słowa versus procedury  kontroli i reżimy regulacyjne

Andrzej Tadeusz Kijowski

doi:10.56583/frp.2058

Published : 2023-01-24

No. 16 (2022)

Freedom of expression versus control procedures and regulatory regimes

Andrzej Tadeusz Kijowski

https://orcid.org/0000-0003-1316-0081

DOI: https://doi.org/10.56583/frp.2058

Abstract

In 1950, freedom of speech was abolished in Europe, sanctioning the fact that the mass media were monopolized by the state from the beginning. The last sentence of paragraph 1, art. X of the “European Convention on Human Rights” the right to receive and impart information and ideas “shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises”. In the legislation of 10 Western States, the Convention entered into force in 1953, Poland ratified it after 40 years in
1993. In Poland, this provision was implemented in 1997 to the Constitution RP – to art. 54. point 2, guaranteeing freedom of speech, by adding the sentence: “Statutes may require the receipt of a permit for the operation of a radio or television station.” It has been suggested that this provision results from a concern for the distribution of limited goods such as audiovisual frequencies. In the age of digitization, everyone already has the technical possibilities to broadcast or write. According to the case law of the European Court of Human Rights, these provisions sanction preventive control of audiovisual content. Derived from the “Declaration of Human and Citizen Rights” of 1789, freedom of speech concerned the most modern form of communication, which was printing, but was reserved to citizens who may be punishable for its abuse. In network distribution, you must eliminate anonymous content spreading. Meanwhile, preventive control and regulation means that under the guise of protection – it seeks to cut off societies from information unauthorized by parliamentary oligarchies.

Keywords:

freedom of speech, media, censorship, political correctness

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Kijowski, A. T. (2023). Freedom of expression versus control procedures and regulatory regimes. Fides, Ratio Et Patria. Studia Toruńskie, (16), 203–224. https://doi.org/10.56583/frp.2058

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