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Privacy and Freedom of Expression

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Source URL (legacy): https://globalfreedomofexpression.columbia.edu/wp-content/uploads/2023/01/Privacy-and-Freedom-of-Expression-4.pdf

Description: The border between a robust exercise of freedom of expression and proper protection of the right to privacy has been a matter of intense judicial scrutiny by numerous courts around the world. Therefore, the purpose of this paper is to present, in a systematic manner, the summaries of some of the landmark decisions from different regional and national jurisdictions that are found in the Columbia Global Freedom of Expression database. It is not meant to be a comprehensive or exhaustive list, nor a comparative study: rather it aims to present the diverse case law of different legal systems about privacy and freedom of expression, their mutually reinforcing relationship, and the tensions that have arisen when these rights collide. The selection of cases was based on whether they conform clearly to global standards and trends; they show the complexity of the tensions to be resolved; or, given their degree of arbitrariness, it is important to highlight them by way of contrast. Cases are further presented in thematic subsections, featuring the broad scope of issues discussed under the privacy/freedom of expression paradigm. The paper serves as an illustrative summary of emblematic decisions that may be of interest to judges, lawyers, and activists.

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