Criticism of the Government, the Republic or its symbols must not become a crime of opinion.
Art. 50 · criticism is not a crime of opinion · proposed internal rights
Freedom of expression and information
The Constitution protects expression, information, creation and criticism, including speech that is uncomfortable, unpopular or offensive. The decisive point is to distinguish an idea from communicative conduct that forms part of a precisely defined unlawful act, such as a threat, fraud, harassment or coordination of violence.
Proposed Constitution · reference text · not promulgatedIn brief
A right is not an abstract promise: it constrains concrete decisions.
Art. 50 sets a high threshold for restrictions and rejects vague offences based solely on labels such as “offensive”, “extremist”, “unpatriotic”, “disinformation” or “immorality”. Falsehood may form part of a crime only when linked to an objective element of an unlawful act defined by law.
Strong disagreement remains protected
The State may not criminalise an opinion merely because it embarrasses an authority, symbol, religion or political majority. The protection exists precisely so that those in power do not decide which ideas are acceptable.
Expression can form part of a real unlawful act
The protection does not turn words into a shield for threats, extortion, fraud, harassment or operational instructions for a crime. In those cases, what must be proved is the legally defined conduct and its elements — not the mere unpopularity of the message.
What this means for you
Practical consequences
A restriction must be defined by law and pass tests of necessity and proportionality.
Criminal punishment for incitement requires concrete elements of intent, context and risk; abstract hostility is insufficient.
Limits and institutional honesty
What this safeguard does not authorise
Freedom of expression does not remove liability for precisely defined threats, fraud, harassment or violence.
Protection of expression does not guarantee amplification through every private channel and does not prevent contractual moderation compatible with applicable rights.
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