Balancing protection of public health and freedom of information in times of COVID-19

摘要

International and (generally) national law provides for a fundamental human right to freedom of expression, which includes freedom to seek, receive and impart information through any media of one's choice. The exercise of this right, however, may be subject to restrictions, including for the protection of public health. The specificity of the COVID-19 crisis lies in its global geographical scale and the generally concerted political response to it, which included limitations on freedom of information. Current limitations differ from those triggered by past public health concerns. Taking European countries as case studies, the author singles out and analyses in detail three areas of concern: restraints on access to information; bans on disinformation; and monopolization of the information flow, the latter potentially contributing to establishing a 'monopoly on truth'.