How to complain if you believe that your freedom of expression has been unlawfully restricted?
Any measures or sanctions that restrict your freedom of expression must only be taken if they are:
- provided in law
- necessary to achieve a legitimate aim: the protection of the private life of others
- proportional
If the court or other law enforcement institution has issued restrictions on your freedom of expression which are not based on one of the criteria mentioned above, you have several ways to protect your rights:
Appeal
Usually, a restriction on freedom of expression can be defended against by an action in a civil court, or by an administrative action in an administrative court, if your freedom has been restricted by a public authority by its decision, conduct or omission.
The unlawful restriction of your freedom of expression may also be related to the court’s mistake in applying the law. For example, in restricting your freedom of expression, the court may fail to assess and take into account the public interest in the information you have made public. In such cases, you may appeal the decision of the court of first instance to a higher court. If the higher court dismisses your appeal, you may submit an appellate review (dovolanie) to the Supreme Court, and possibly a constitutional complaint to the Constitutional Court. If your appellate review and complaint has been dismissed by the Supreme Court and also by the Constitutional Court, you may submit a complaint to the European Court of Human Rights.
Constitutional complaint
If you have exhausted all other available legal remedies and you still believe that the restriction of your freedom of expression is contrary to the guarantees laid down in the Constitution of the Slovak Republic or the European Convention on Human Rights, you may submit a complaint to the Constitutional Court.
You as a physical person can submit a constitutional complaint in relation to a concrete decision, proceeding, omission or other factual action or measure of public authorities if you believe that these actions violate your human rights, in this case your freedom of expression.
If your complaint is accepted and the Constitutional Court concludes that there was a violation of your rights, it can revoke the contested decision or other action of the relevant public body.
Moreover, if the Constitutional Court upholds your constitutional complaint, it may
- order the institution that violated your freedom of expression to act in due manner
- return the case for further proceedings
- prohibit the continuation of the violation of your rights
- order the institution who violated your rights to restore the situation prior to the violation
The Constitutional Court can also grant you an adequate financial satisfaction for the violation of your rights. You may also apply for compensation of damage by proceeding prescribed by the Act on Liability for Damage Caused in the Exercise of Public Power.
If the Constitutional Court rejects your constitutional complaint, you may submit a complaint to the European Court of Human Rights.