Limiting the Use of Criminal Law to Restrict Freedom of Expression: A Guide to Council of Europe Standards

Released by the Council of Europe (CoE) Division for Cooperation on Freedom of Expression, this guide outlines the risks of imposing criminal sanctions on particular forms of expression. The manual reviews relevant human rights standards, namely the European Court of Human Rights’ case law, policy guidance of the CoE bodies, and the European Commission for Democracy through Law. It then zooms in on the criminalization of hate speech, defamation and insult, the dissemination of confidential information, speech that threatens national security and public order, and disinformation. CoE Consultant Peter Noorlander prepared the guide within the Project Enhancing Institutional Capacities on Freedom of Expression and Information in Bosnia and Herzegovina.