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Definition of Freedom of Expression in International Law

Freedom of expression is a fundamental human right recognized by the international community as a cornerstone of democratic society. The right to express opinions plays a crucial role in ensuring human rights, sustaining democracy, and protecting public interests. It includes:

  • The right to express one’s thoughts: Freely articulate opinions verbally, in writing, or through other means.

  • The right to access information: Freely seek, receive, and disseminate information across borders.

  • Freedom from censorship: Prohibition of interference by the state or other actors in the dissemination of ideas and information.

International Standards Governing Freedom of Expression

International standards affirm that freedom of expression is a vital component of democratic society and a fundamental basis for the protection of human rights. International law views freedom of expression as an inseparable element of personal and political freedom. It not only unlocks individual potential but also protects democratic institutions from authoritarian pressures.

Universal Declaration of Human Rights (UDHR):

  • Article 19: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers.

International Covenant on Civil and Political Rights (ICCPR):

  • Article 19:

    • Everyone shall have the right to hold opinions without interference.

    • This right shall include freedom to seek, receive, and impart information and ideas of all kinds.

    • Restrictions are permissible only if they are provided by law and necessary to protect the rights of others, national security, public order, health, or morals.

European Convention on Human Rights (ECHR):

  • Article 10:

    • Everyone has the right to freedom of expression.

    • This right includes freedom to hold opinions and to receive and impart information and ideas without interference by public authority.

    • Restrictions are allowed only if they are "necessary in a democratic society."

American Convention on Human Rights:

  • Article 13:

    • Everyone has the right to freedom of thought and expression.

    • Censorship is prohibited, but restrictions may be applied to protect national security or public order.

African Charter on Human and Peoples’ Rights:

  • Article 9:

    • Every individual shall have the right to receive information.

    • Every individual shall have the right to express and disseminate opinions within the law.

UN Declaration on Human Rights Defenders (1998):

  • Affirms the right of every individual to disseminate information, express opinions, and participate in the protection of human rights without fear of reprisal.

Principles of Freedom of Expression

Freedom of expression is grounded in the following principles:

  • Universality: This right applies to all individuals regardless of citizenship, nationality, or beliefs. This principle enables the protection of both individual and collective rights.

  • Non-discrimination: Restrictions on freedom of expression must not be applied selectively or discriminatorily. Discriminatory restrictions undermine the foundations of a democratic society.

  • Proportionality: Any restrictions must be necessary, justified, and minimal. The study "The Right to Freedom of Expression Under International Law" emphasizes that the proportionality of limitations must be carefully assessed in context.

Conclusion

Freedom of expression, as recognized by international standards, is a foundation of democratic society and protects the right of every individual to express their ideas. While it is not absolute, any limitations must adhere to strict criteria of legality, necessity, and proportionality. These principles maintain a balance between freedom and responsibility, safeguarding the rights of both individuals and society as a whole.

Sources:

  • Howie, E. (2017). Protecting the human right to freedom of expression in international law. International Journal of Speech-Language Pathology, 20(1), 12–15. https://doi.org/10.1080/17549507.2018.1392612

  • "The Right to Freedom of Expression Under International Law" https://www.mediadefence.org/ereader/publications/introductory-modules-on-digital-rights-and-freedom-of-expression-online/module-1-key-principles-of-international-law-and-freedom-of-expression/the-right-to-freedom-of-expression-under-international-law

V. Ivanenko

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A Comment That Cost Freedom: Russian Man Convicted for Criticizing the Army Online

Also available: Русский (Россия)

In the Volgograd region of Russia, Dmitry Vanifatyev, a resident of the city of Volzhsky, has been found guilty of repeated discrediting of the Russian army and sentenced to a two-year suspended sentence. The Volzhsky City Court also banned him from administering any websites, forums, chat groups, or online channels for three years.

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Former Police Officer from St. Petersburg Sentenced to 14 Years for Anti-War Graffiti and Alleged Terrorist Organization Ties

Also available: Русский (Россия)

Former police officer and entrepreneur from St. Petersburg, Konstantin Podoshvelev, has been sentenced to 14 years in prison and fined 250,000 rubles in a case involving anti-war graffiti on buildings, contacts with the "Freedom of Russia Legion," and accusations of participation in a terrorist organization.

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Lidiya Prudovskaya: How an Anti-War Stance Tore a Family Apart

Also available: Русский (Россия)

Lidiya Prudovskaya, a resident of the closed town of Mirny in Russia’s Arkhangelsk region, was arrested in absentia on criminal charges of β€œdiscrediting” the Russian military. The reason: several posts on VKontakte criticizing the war in Ukraine. But the consequences went far beyond legal charges β€” she lost custody of her adopted son, whom she had raised since infancy. Child welfare authorities unilaterally terminated their foster care agreement. If she returns to Russia, her son will be seized and placed in an orphanage.

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Russian Human Rights Activist Sentenced to One Year in Penal Colony for Anti-War Post

Also available: Русский (Россия)

A court in Saransk, Republic of Mordovia, has sentenced 69-year-old human rights activist Sergey Maryin to one year in a penal colony settlement for repeatedly β€œdiscrediting” the Russian military under Article 280.3, Part 1 of the Russian Criminal Code. The court also imposed a two-year ban on managing online platforms and publishing any materials on the internet. The prosecution had requested a harsher sentence of 1.5 years.

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86-Year-Old Human Rights Activist from Sakhalin Fined 500,000 Rubles for Alleged β€œCalls to Terrorism”

Also available: Русский (Россия)

The First Eastern District Military Court has sentenced 86-year-old Sakhalin human rights activist Mark Kuperman to a fine of 500,000 rubles after finding him guilty of allegedly inciting terrorism online (under Part 2, Article 205.2 of the Russian Criminal Code).

The criminal case was based on a document titled β€œThe West’s Plan to Change the Regime in Russia: Humanitarian Occupation”, which, according to investigators, Kuperman allegedly distributed via Telegram in January 2023.Β 

8 Years for Telegram and the Word "War": How a Blogger from Shuya Is Being Prosecuted for His Anti-War Stance

Also available: Русский (Россия)

Anti-war blogger Sergey Veselov from Shuya has been sentenced to 7 years in prison for allegedly calling for terrorism and "confidential cooperation with a foreign state." Taking into account a prior conviction for β€œdiscrediting the army,” his total prison term is now 8 years.

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Six Years for a Play: Why Yevgeniya Berkovich and Svetlana Petriichuk Were Sentenced

Also available: Русский (Россия)

In the summer of 2024, the Second Western District Military Court in Moscow sentenced director Yevgeniya Berkovich and playwright Svetlana Petriichuk to six years in a general regime penal colony. They were found guilty of "public justification of terrorism" because of the play Finist the Brave Falcon, written by Petriichuk and directed by Berkovich. Although the appellate court later slightly reduced their sentences, the core of the charges remained unchanged.

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12 Years for 3,000 Rubles: Student with Cerebral Palsy Convicted of β€˜Treason’

Also available: Русский (Россия)

A 21-year-old student from Volgograd Polytechnic College, Andrey Glukhov, has been sentenced to 12 years in a high-security penal colony on charges of treason. The Volgograd Regional Court issued the verdict on May 29, 2025. The accusation was based on two small money transfersβ€”1,500 rubles eachβ€”to a bank account in Ukraine. The total amount, just 3,000 rubles, was interpreted by investigators as aiding a hostile foreign power.

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Igor Baryshnikov: Convicted for β€˜Fakes’ and a Year Waiting for Surgery with a Tube in His Abdomen

Also available: Русский (Россия)

Igor Baryshnikov, a 64-year-old political activist from the Kaliningrad region, was sentenced to 7.5 years in a general regime penal colony for β€œspreading fake information” about the Russian army. Despite a serious medical condition requiring urgent surgery, Baryshnikov spent over a year waiting for an operation while confined in custody.

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An American Journalist Sentenced in Absentia to 20 Years in the DPR: Why Sarah Ashton-Cirillo Was Convicted in Russia

Also available: Русский (Россия)

American journalist Sarah Ashton-Cirillo has been sentenced in absentia to 20 years in a general-regime penal colony by the Supreme Court of the self-proclaimed Donetsk People's Republic (DPR). According to a statement from the Russian Prosecutor General’s Office, she was found guilty of spreading knowingly false information about the Russian military (Part 2, Article 207.3 of the Russian Criminal Code) and of participating in armed conflict as a mercenary (Part 3, Article 359 of the Criminal Code).

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Jailed for Poetry and Truth: The Case of Darya Kozyreva

Also available: Русский (Россия)

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In April 2025, the Petrograd District Court of St. Petersburg sentenced 19-year-old activist Darya Kozyreva to 2 years and 8 months in a penal colony for the repeated "discreditation" of the Russian army (Article 280.3 Part 1 of the Russian Criminal Code). This case has become one of the most widely discussed anti-war trials in modern Russia β€” not only because of the defendant’s young age, but also because of the nature of her β€œcrimes”: a poem by Ukrainian poet Taras Shevchenko and an interview with independent journalists.

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Russian Librarian Sentenced to 5.5 Years in Prison for Reposts and Saying "Glory to Ukraine!

Also available: Русский (Россия)

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On May 30, 2025, a court in Naryan-Mar sentenced 27-year-old librarian Konstantin Ledkov from the village of Krasnoye to 5.5 years in a general regime penal colony. He was convicted under three criminal charges: β€œdiscrediting the Russian army,” β€œrepeated demonstration of Nazi symbolism,” and β€œinciting activities that threaten state security.”

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Russian Lawyer Maria Boncler Arrested for Alleged Cooperation with a Foreign State

Also available: Русский (Россия)

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64-year-old lawyer Maria Boncler from Kaliningrad has been arrested and charged under Article 275.1 of the Russian Criminal Code β€” "confidential cooperation with a foreign state." This is one of the first known uses of the new law, which allows authorities to prosecute citizens for undisclosed contact with foreigners deemed threatening by the FSB.

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Postal Worker in Russia Gets 12 Years in Prison for Supporting Anti-Corruption Group and Handing Out Flyers

Also available: Русский (Россия)

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In St. Petersburg, the 1st Western District Military Court sentenced 43-year-old Vladimir Skvortsov, a resident of Vologda and an employee of the Russian Post, to 12 years in prison. He was convicted of financing extremist activities and participating in a terrorist organization. Skvortsov was found guilty: he will spend the first three years in prison, and the remaining nine in a strict-regime penal colony.

Krasnodar Resident Sentenced to 5.5 Years in Prison for Online Posts

Also available: Русский (Россия)

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Vladimir Yarotsky, a resident of Krasnodar, has been sentenced to 5 years and 6 months in a general-regime penal colony. Authorities found him guilty under several criminal articles related to his social media publications. Among the charges were the dissemination of "knowingly false information" about the Russian Armed Forces and the public desecration of symbols of military glory.

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Russian Lawyer from Volgograd Faces Criminal Charges Over Online Comment

Also available: Русский (Россия)

Ruslan Nurushev, a lawyer and civic activist from Volgograd, has been in custody since November 7, 2024. He is facing criminal charges under Article 207.3, Part 2, Clause "d" of the Russian Criminal Code β€” for β€œknowingly disseminating false information” about the actions of the Russian Armed Forces.

From Exile to Arrest: The Case of Russian Journalist Sasha Alexandrova

Also available: Русский (Россия)

Sasha AlexandrovΠ° is a Russian journalist from Yakutia. After the start of the special military operation in Ukraine in 2022, she left Russia and continued publishing critical materials about the Russian government, condemning the actions of the authorities and expressing the view that independent journalism in the country had "completely died." AlexandrovΠ°'s return to Yakutia in 2024 marked a change in the tone of her publications, but her criticism of the Russian authorities did not cease. In March 2025, she was detained by the FSB on charges of publicly calling for terrorist activity and justifying terrorism.

Freedom of Speech: A Comparative Analysis of the USA, EU, and Russia

Also available: Русский (Россия)

The article compares approaches to freedom of speech in the USA, EU, and Russia, highlighting their legal frameworks, historical influences, digital regulation policies, and recommendations for governments, organizations, activists, and tech companies to safeguard this fundamental right globally.

Violations of International Human Rights Norms in Russia Against Dmitry Talantov

Also available: Русский (Россия)

One glaring example of human rights violations is the criminal prosecution of Russian lawyer Dmitry Talantov. Since 2002, he has served as the head of the Bar Association of the Udmurt Republic.

Citizens' Rights to Freedom of Thought and Speech in Russia

Since the beginning of the Russian "military operation" in Ukraine on February 24, 2022, any attempts by citizens to freely express their opinions regarding the ongoing events have been harshly suppressed by law enforcement authorities in the Russian Federation.

Thousands of people have faced administrative fines for peaceful slogans like "No to War!" Hundreds have been subjected to criminal prosecution. Tens, if not hundreds of thousands, of rational-minded citizens have been forced to leave Russia, relocating to other countries.

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