التنظيم القانوني للإعلام بين مقتضيات الحرية وضوابط الحماية

Abstract

Freedom of expression is one of the most important human rights, meaning the right to be free in terms of opinion, publication, and research that can be produced by any means of expression. Freedom of the media emanates from freedom of expression and is the most important of its applications. Most constitutions, laws, and international conventions emphasize media freedom as they promote citizen participation in public matters, support good governance, and contribute to sustainable development and economic growth. However, freedom of information is not an absolute right. Indeed, this justifies limits to this freedom that include duties and responsibilities, and may be subject to restrictions aimed at protecting public order and others’ rights in a democratic society governed by law. This freedom must therefore be restricted, if necessary, to protect national security or public safety, defend public order and prevent crime, protect health or morality, and protect reputation or rights of others. This research aims at casting light on ways to reconcile the guarantee of freedom of information with the control of its practice, especially as media forms evolve and new media emerge.