Freedom of Expression in the Digital Age

Abstract

This master thesis critically explores the evolution of freedom of expression in the digital age, examining how European legal frameworks – specifically the European Convention on Human Rights (ECHR) and European Union (EU) law – balance this fundamental right against the unique challenges of algorithmic curation, privatized internet governance, and competing human rights. The primary objectives of the research are to identify the historical and legal foundations of free speech, assess the disruptive impact of the digital architecture (namely its speed, scale, and permanence), evaluate the EU's shift toward "European digital constitutionalism" via the Digital Services Act (DSA) and General Data Protection Regulation (GDPR), and analyze judicial balancing tests applied by the ECtHR and CJEU. The research concludes that the traditional conception of freedom of expression as a purely negative liberty is structurally inadequate for the modern "algorithmic marketplace of ideas." The unchecked power of private intermediaries necessitates robust procedural safeguards and algorithmic transparency to prevent severe online harms without triggering "collateral censorship." Furthermore, resolving the tension between uninhibited expression, hate speech, and the "right to be forgotten" relies on dynamic judicial proportionality tests that rigorously prioritize informational self- determination and public order without sacrificing democratic pluralism.