Page 47 - KDU INTERNATIONAL JOURNAL OF CRIMINAL JUSTICE

KDU International Journal of Criminal Justice (KDUIJCJ)
Volume I | Issue II| July 2024

This latitude is much higher in the case of governmental authorities, who
should give elected officials, especially opposition members, additional

consideration when making political comments. Criticism of institutions

must be permitted more generally than criticism of specific people. In the
balance between freedom of expression and the right to privacy, more

weight must be given to freedom of expression where public interest is

involved, and not just private ones, like commercial interests. Public
figures in general, not just politicians, should accept a greater degree of

invasion of their privacy. Governments are given broad latitude by the
European Court to decide whether national security is at risk, but the

interest that is being invoked must pose a threat to the territorial or

national integrity of the state, not only to the government.

Military personnel and other public servants who have access to sensitive

information that could jeopardize national security as a result of their

duties may also be required to abide by a confidentiality obligation
imposed by the government. However, these limitations must abide by

the broad standards that apply to all constraints on the right to free

speech, such as "necessity in a democratic society" and "proportionality."

It is crucial to recognize that the judiciary does not operate outside the

bounds of the law in a democracy. The institution of the court is

nonetheless manned by people, who are also susceptible to the same
emotions that are felt by lower beings. Judges can gain better

perspectives on matters via training and years of experience on the

bench, but they are still people and may not always be able to speak the
whole truth without being influenced by personal biases.

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