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La liberté d'expression publicitaire : réflexions critiques

Abstract : The establishment of a true alliance between fundamental rights and the market by extending Article 10§1 of the ECHR to now encompass advertising could threaten the majesty of the conventional instrument. Going beyond the astonishment and criticisms caused by the fundamentalization of commercial advertising, our study investigates the real implications that freedom of expression could have in a field as complex as commercial advertising. The issue at stake was therefore to evaluate whether the extension of article 10§1 of the ECHR to this field is to be considered a judicious decision. On the basis of studies concerned with fundamentalization of advertising speech in the field of the freedom of expression of the sender, a preoccupying conclusion emerges. Both the complexity of the field of commercial advertising and its relative usefulness for the proper functioning of "democratic society" weakens the impact of freedom of expression and ultimately makes freedom of advertising expression "theoretical and illusory". Consequently, the risks of commodification (a freedom at the service of the market) and trivialization (a freedom without effect) of freedom of expression are very likely. In order to remedy these issues meanwhile conferring full effectiveness on this freedom, a prospective study carried out in the field of the receiver's freedom of advertising reception was necessary and proved fruitful. If seen from the reception point of view, the extension of Article 10§1 of the ECHR seems to be having legal effects. Furthermore, a fundamental freedom in the making, the freedom, both negative and positive, of advertising reception is capable of contributing to the moralization of commercial advertising.
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Submitted on : Tuesday, February 23, 2021 - 11:59:14 AM
Last modification on : Thursday, April 15, 2021 - 4:47:07 PM


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  • HAL Id : tel-03149746, version 1



Nabil Mounir. La liberté d'expression publicitaire : réflexions critiques. Droit. Université de Limoges, 2020. Français. ⟨NNT : 2020LIMO0057⟩. ⟨tel-03149746⟩



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