ABSTRACT

The chapter examines several cases to determine that the European Court of Human Rights has a set of criteria when making its assessments. From the early stages of the UN to the current World Summit on an Information Society implementation process and the Internet Governance Forum, it has been recognised that inequalities of access to information technology limit the information and content individuals are able to receive and impart to one another. The Court places stricter scrutiny on restrictions where imparters are either part of the press or serving the role of the press when seen as a watchdog in society. When the imparter is performing a watchdog role for society or ensuring diversity of programming, the speech is given greater protection by the Court. The Court’s focus on the extensive coverage of Article 13 guarantees is reflected in its development of, and emphasis on, the ‘dual dimension’ principle.