Finland in European top ten in number of freedom of speech violations

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Finland has been found guilty of freedom of speech violations by the European Court of Human Rights more often than the majority of the Council of Europe member states or, for example, any of the other Nordic Countries.
     
Over a period of ten years Finland has been convicted seven times of violating against the Freedom of Speech Article of the Human Rights Agreement.
      Of the Nordic Countries, Norway makes it closest to Finland in the number of freedom of speech offences. Since 1999 Norway has been found wanting on of five counts of freedom of speech violations.
      The cases have mainly related to the freedom of press.
      In the same space of time Sweden has been reprimanded twice. Not surprisingly, Denmark has a clean sheet in this respect, as does Iceland.
      Of the 47 nations that have ratified the Human Rights Agreement, seven have received more Freedom of Speech violation convictions than Finland. Turkey is in a class of its own with 169 convictions, against number two Austria’s 24 convictions.
     
One reason for Finland’s relatively high rating may be the fact that Finnish courts have poorly-stated arguments for their rulings, estimates communications law researcher Päivi Tiilikka.
      In Tiilikka’s view, in Finland the sections of law dealing with freedom of speech are often interpreted quite literally, whereas the European Court of Human Rights tends to see things from a wider perspective.
      “In matters dealing with the freedom of press, the European Court of Human Rights often also takes into consideration the general public’s right to receive information, while in Finland such disputes are primarily seen as private matters between the writer and the subject of a newspaper article”, Tiilikka ponders.
      The state of freedom of speech, however, is not necessarily as bad as might seem based on the statistics, estimates human rights lawyer Markku Fredman.
      “Even the latest rulings deal with issues that took place several years ago - the reason being Finland’s long handling times for such cases”, Fredman points out.
      In his view the Finnish law courts’ argumentation has also improved. In its sentencing practice, Finland’s Supreme Court refers more and more often to the European Court of Human Rights rulings.
     
One reason for Finland’s relatively high number of freedom of speech violations may also lie in the fact that the Finns are very good at complaining. The Finnish lawyers have a habit of taking their cases much further than is the common practice in many other countries.
      Also the state likes to see the cases to the very end. Finland has never settled a freedom of speech case with the appealing party, says director Arto Kosonen from the Ministry for Foreign Affairs. Kosonen presents cases on behalf of Finland at the European Court of Human Rights.


Links:
  European Court of Human Rights

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