Slovakia

[SK] Freedom of Expression and Media in the Constitution

IRIS 2002-4:1/36

Jacqueline Krohn

Institute of European Media Law (EMR), Saarbrücken/Brussels

Art. 26 of the Constitution of the Slovak Republic of 1 September 1992, which was republished on 26 March 2001 and supplemented by the Act of 11 April 2002, guarantees the freedom of speech and the right to information. Everyone has the right to express his or her opinion in words, writing, print, picture or by other means. Ideas and information may be sought, received and disseminated freely, regardless of the state borders. No approval process is required for press publishing. Activity in the field of radio and television broadcasting may be subject to permission from the State (Art. 26 para. 2). Censorship is prohibited under Art. 26 para. 3.

According to Art. 26 para. 4, freedom of speech and the right to seek and disseminate information may be restricted by a law only if such a measure is unavoidable in a democratic society to protect the rights and liberties of others, national security, public order or the protection of health or morals. Such restrictions are mentioned, for example, in Criminal Act No. 140/1961, where Art. 198 prohibits insults on the grounds of nationality, race or belief, Art. 198a states that incitement to nationalistic or racial hatred is a criminal offence and Art. 152 regulates breaches of copyright.