La limitation de la liberté d’expression en ligne dans la jurisprudence de la Cour européenne des droits de l’homme

The article titled “Limitations on Freedom of Expression Online in the Case Law of the European Court of Human Rights,” written by Ștefan Bogrea, a doctoral assistant at the Faculty of Law of the University of Bucharest and a member of the Bucharest Bar Association, was published in A.U.B.D. – Legal Forum No. 1/2026.

This article examines how the European Court of Human Rights applies Article 10 of the Convention to online expression. The central thesis is that the case law from Strasbourg does not establish an autonomous regime for freedom of expression on the Internet, but rather adapts the classic criteria for restrictions—legality, legitimate aim, and necessity in a democratic society—to the particularities of the digital environment. The article examines, on the one hand, the continuity of the Convention’s framework and, on the other hand, the emergence of specific requirements regarding the scope of dissemination, the persistence of content, the role of technical intermediaries, procedural safeguards, and the risk of excessive restrictions. Finally, the paper highlights the tensions generated by platform moderation, the automation of decisions, and the search for a balance between freedom of expression and the protection of competing rights.