The freedom of expression: collateral damage of the COVID-19 pandemic?

The COVID-19 pandemic and the measures adopted by the Member States to prevent the propagation of the virus are, on their face, at odds with certain fundamental freedoms, such as the right to travel freely within the EU or the freedom of assembly. However, these restrictions have had a spillover restrictive effect on the freedom that underpins not only the EU, but every liberal democracy - the freedom of expression. In an effort to curb the propagation of fake news about the pandemic, both public and private operators have adopted policies to restrict this freedom. The measures range from soft ones such as social media labeling certain information as non-verified to measures that give certain EU governments the right to outright censor information that contradict the official narrative and impose sanctions on those who breach the ban. Winston Churchill famously said that one should never let a good crisis go to waste. It seems like some EU governments are heeding this call. Whereas the protection of public health, a justification also enshrined in the EU Treaties, can in some circumstances justify the restrictions of the freedom of expression, it is apparent that it can also constitute a disguised restriction of legitimate speech. Lack of coordination on the EU level, divergent approaches of the Member States both to the management of the pandemic and the restrictions has not increased the confidence in the EU’s capability to successfully manage the crisis. Furthermore, unclear communication accompanying the pandemic from its very beginnings has not contributed to increasing the publics’ trust in either the national or the EU institutions. This contribution examines the repercussions of the COVID-19 measures on the freedom of expression and questions the appropriateness of curbs to the freedom of expression.