Analysing the legal aspect of freedom of expression within the framework of political discourse: The current situation in legislature and judicial practice in the Republic of Serbia

Abstract

In this paper, the author considers the importance of the right to freedom of expression with specific reference to political speech, which is undoubtedly an important precondition for the establishment of democratic institutions. Free political speech encourages a well-informed and politically sophisticated citizenry to take part in political life. Thus, political speech has a privileged position in terms of legal protection. However, in some cases, the limits of freedom of expression can come into questions, as well as the scope of political speech. It is a well-established stance that politicians need to tolerate a greater degree of criticism due to their positions. Nevertheless, they also need to be protected when it comes to the endangerment of their personal rights, beyond justified political discussion.

Keywords

• free speech
• political speech
• democratic institutions
• public authorities
• insult
• rule of law