Fundamental Rights: Freedom of Expression and More

Freedom of Ideology (Art. 16.1) guarantees freedom of religion and individual beliefs. Ownership of these beliefs resides with individuals and communities. This encompasses:

• The state's inability to impose a religion.
• The ability to express one's own ideas, whether written or oral.
• Protection of individuals' beliefs.

Freedom of Expression vs. Right to Information

We distinguish between freedom of expression, which is more subjective and deals with ideas and opinions, and the right to information, which concerns data, facts, and behaviors and is more objective. Both are inherent to the individual and connected to human dignity, autonomy, and freedom.

These rights extend beyond the individual sphere to legal, social, and political groups. Their purpose is to ensure autonomy and freedom from state interference. The state is obliged to respect these rights.

Guarantees

Everyone has the right to information and freedom of expression. The conscience clause and professional secrecy are two guarantees that relate particularly to professionals.

Conscience Clause

This ensures the independence of journalists in their profession, acting as a guarantee against media bias. It allows journalists to terminate their employment if the media outlet changes its ideology or information orientation, with appropriate compensation.

Professional Secrecy

This exempts professionals from the duty to reveal their sources in court or file a complaint. Even in serious crimes, a court may compel testimony from sources.

Limits

These rights are limited by respect for other rights, laws, and the protection of youth. Courts generally favor freedom of information and expression over the right to honor, privacy, and reputation.

Other Key Rights

• Academic Freedom (Art. 20.1c EC)
• Right to honor, privacy, and self-image (Art. 18.1 EC)
• Inviolability of the home (Art. 18.2 EC)
• Right to secret communication (Art. 18.3 EC)
• Right to freedom of residence and travel (Art. 19 CE)
• Right of assembly and demonstration (Art. 21 CE)
• Law of Association (Art. 22 CE)
• Right of Political Participation (Art. 23 CE)
• Right to effective judicial guarantees (Art. 24.1 CE and 24.2 CE)
• Right to education and free education (Art. 27 CE)