Інформаційна Свобода Як Базова Категорія В Концепції Інформаційних Прав Людини: Характеристика Правового Змісту
Year: 2025
Type: article
Abstract: The article defines the content of human information freedom as a complex and synthetic category in the concept of human information rights which adequately reflects the anthroposocial purpose of this freedom. Based on the analysis of the latest Ukrainian general theoretical studies, the author examines the peculiarities of establishing systemic links between the general theory of human rights and theories of information law and information relations as a philosophical and ideological problem. It is noted that the key to determining certain capabilities as ‘natural’ may be considered not so much their divine nature as the necessary connection between them and the preservation and development of man and society under certain historical conditions. Given that both morality (‘natural law’) and legal law (positive law) are aimed at protecting freedom of expression, despite their nature and despite a person's belief in the reliability of the facts reported. It is proved that it is not justified to narrow the essence of the concept of ‘views’ by assumptions alone. The author emphasises the importance of distinguishing between information as factual statements, on the one hand, and views and beliefs as special information, on the other. The author formulates a definition of the concept of ‘information freedom’, the content of which is the inherent existential opportunities to freely collect, store, use, transmit, disseminate information, and freely express one's perception and understanding of facts and attitude towards them. The author presents the positions of the Constitutional Court of Ukraine and leading national scholars, and highlights the provisions of the UN General Assembly resolutions and UNESCO acts. On their basis, it is concluded that in defining the concept of ‘freedom of expression’, one should take into account the factual and axiological components of information. It is emphasised that in the information discourse, such freedom contains a component of information freedom, and its essence is now accurately covered in international documents and national legislation. In particular, the Constitution of Ukraine provides for the right to freely collect, store, use and disseminate information. Keywords: information, information society, information rights, information freedom, facts, opinions, freedom of expression.
Authors: Львівський державний університет внутрішніх справ, Andrii Radchenko
Institution: Lviv State University of Internal Affairs
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4412067869
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