Plenary 1: Freedom of expression – a modern ‘leviathan’?

Freedom of expression is a fundamental right guaranteed to every person across the EU, enshrined by instruments from the European Convention on Human Rights to national constitutions. There is no civil right more controversial than this one, with a staggering diversity of opinions and discussions that range from ‘free speech absolutism’ to the practice of ‘doxxing’ individuals online for expressing certain beliefs. The decline of content moderation, coupled with increasing political polarisation, and alongside the prevalence of misleading content and disinformation (with much of this now being AI-generated) have all propelled this topic to the very top of the global agenda.  

The European Commission has put forward new policies that will impact how freedom of expression is exercised in the EU – the Digital Services Act, the Media Freedom Act and the newly in-force Political Advertisements Regulation all have the potential to re-shape how we understand and experience freedom of speech. With the proposal to add hate speech and hate crime to the list of ‘Eurocrimes’, which would result in a common criminal definition for each of these concepts, now is the perfect time to thoroughly unpack where the freedom of expression ends and hate speech begins. 

This plenary session provides a platform for a constructive, facts-based conversation on what freedom of speech means and what it does not, as well as how and when it can or cannot be restricted. In addition, the panel explores what should be done at EU level to deliver a healthier information space that upholds fundamental rights and the democratic rule of law.