Libertà di informazione a mezzo stampa e pluralismo secondo la Corte europea dei Diritti dell'Uomo

This article aims to analyze the European Court of Human Rights’ approach towards the freedom of expression and media freedom in particular recognized by Article 10 of the European Convention on Human. At first, it gives an overview of the protection of freedom of speech and media freedom provided for in the most relevant human rights instruments. Then it assesses the requirements of pluralism, tolerance and broadmindedness and how in the ECHR jurisprudence freedom of expression constitutes a comprehensive right, applicable not only to information and/or ideas that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that could shock or disturb the State or any sector of the population. “Hate of speech” is then taken into account and the two different approaches of the ECHR when dealing with cases concerning incitement to hatred and freedom of expression: the first based on the abuse of rights clause of Article 17 ECHR, and the second based on setting restrictions on protection, provided for by Article 10, paragraph 2, of the Convention. After reviewing the ECHR case-law on the protection of journalistic sources, as one of the basic conditions for press freedom, and the restrictions on freedom of expression provided for in Article 10, paragraph 2, the article finally provides a critical assessment to the questions raised with particular focus on the situation of Italy as a country only “partly free”, according to Freedom House, as well as on the jurisprudence of the Italian Court of Cassation and the Constitutional Court, which only in very recent times have taken into consideration such issues as the protection of journalistic sources.