The proportionality of limitations of freedom of expression in the context of suppression of terrorism under the Council of Europe Convention on the Prevention of Terrorism

Abstract

The aim of this thesis is to evaluate the equilibrium between the suppression of incitement of terrorism and the rights of freedom of expression, established by the Council of Europe. Freedom of expression is an important element for a democratic society. Nevertheless, states are under an obligation to ensure the right to life of people within their jurisdiction. Recognising the devastating effect of violent terrorist attacks, the Council of Europe in 2005 adopted the Convention on the Prevention of Terrorism, which was the first legal instrument imposing an obligation on the State Parties to penalise incitement (provocation) of terrorism. The paramount importance in the Convention is devoted to the establishment of an equilibrium between the suppression of incitement of terrorism and freedom of expression. However, considering the evolution and changes of terrorism threats in recent years, it is important to evaluate the relevance of the Convention 16 years following its adoption. After comprehensive analyses of applicable international law, relevant scholarly literature and state practice, it is certain that the legal regulation established by the Convention is relevant to address the challenges of incitement of terrorism in a democratic and proportional manner. Thus, the employment of excessive measures to suppress the incitement of terrorism that do not correspond with the states’ obligations under International Human Rights Law cannot be justified in a democratic society