The Supreme Court of Iceland
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Controversy over the limits of freedom of expression to privacy
9th February 2022
Today, the Supreme Court ruled in a case brought by R against A regarding two specific comments made by A in a radio program. The Supreme Court’s decision stated that a discussion on important social issues enjoys increased protection of freedom of expression and that A would be granted more freedom to express himself.
The extension of freedom of expression in public discourse resulted in the possibility that individuals who had gained traction in that field might have to endure harsher comments about themselves than other citizens in that the discussion was considered relevant to the public.
Criticism of media workers’ work might thus be harsh and uncompromising without being subject to restrictions. In a comprehensive assessment of A’s comments it would be interesting to examine in what context the comments had been made and how they had been presented.
The court considered that A had been making a valid judgment about R’s work which did not lack any basis in the facts. Although the comments had been uncompromising it was not considered that A had exceeded the limits of his freedom of expression. A was therefore acquitted of R’s claims.