Abstract: Russia Today France is a Paris-based company under French law. It is a wholly owned subsidiary of the private association Ano TV Novosti, which is an entity traceable to the State of the Russian Federation; after the beginning of the war, the EU Council decided to suspend Rt France broadcasts. The reason was that propaganda is a weapon of war and it undermines the general security interest of the Union: this purpose would legitimize – according to the EU Judge – a «broad interpretation of power». Beyond the political decision, on the level of the legal system there are classical principles: the European freedom of information does not allow discrimination on the grounds of the subject’s nationality or media content; moreover, administrative power is subject to the principle of strict typicality and could not extend «broadly», beyond the limits provided by law. The judgment interprets these principles in the light of the Article 52 of the Charter of Fundamental Rights of the European Union. No freedom, writes the European judge, is an «absolute prerogative». Is the idea of freedom in Europe changing, then? And is it changing because of war?
RUSSIA TODAY FRANCE C. CONSIGLIO DELL’UNIONE EUROPEA. UN CASO GIURISPRUDENZIALE SU LIBERTÀ E POTERE DEI MEDIA IN EUROPA (TRIBUNALE U. E., SENTENZA DEL 29 LUGLIO 2022, CAUSA T- 125-22)
Alessandro Cioffi
2024-01-01
Abstract
Abstract: Russia Today France is a Paris-based company under French law. It is a wholly owned subsidiary of the private association Ano TV Novosti, which is an entity traceable to the State of the Russian Federation; after the beginning of the war, the EU Council decided to suspend Rt France broadcasts. The reason was that propaganda is a weapon of war and it undermines the general security interest of the Union: this purpose would legitimize – according to the EU Judge – a «broad interpretation of power». Beyond the political decision, on the level of the legal system there are classical principles: the European freedom of information does not allow discrimination on the grounds of the subject’s nationality or media content; moreover, administrative power is subject to the principle of strict typicality and could not extend «broadly», beyond the limits provided by law. The judgment interprets these principles in the light of the Article 52 of the Charter of Fundamental Rights of the European Union. No freedom, writes the European judge, is an «absolute prerogative». Is the idea of freedom in Europe changing, then? And is it changing because of war?I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.