Constraints on Restricting Freedom of Expression in the Context of Strengthening the Right to Digital Being: A Legal Reading in Light of the Principle of Proportionality

Abstract

This study examines the constraints governing restrictions on freedom of expression in the digital environment, within the framework of enhancing the right to digital being. It adopts a legal analytical approach that relies on the principle of proportionality as a fundamental mechanism for achieving balance between freedom and restriction. Digital transformations have significantly expanded the scope of exercising freedom of expression, rendering it borderless, while simultaneously generating serious legal challenges, including hate speech, disinformation, incitement to violence, as well as the growing role of digital platforms and algorithmic moderation in content regulation. The research proceeds from the hypothesis that the protection of freedom of expression and the right to digital being cannot be realized through absolute permissiveness or comprehensive prohibition, but rather through subjecting any restrictions to tests of legitimacy, suitability, necessity, and strict proportionality in accordance with the principle of proportionality. The study concludes that the effective application of the principle of proportionality constitutes a robust legal safeguard that prevents arbitrary restrictions or digital erasure, while simultaneously ensuring the protection of the digital public order and the rights of others.