Introduction
Freedom of speech or freedom of expression is one of the cornerstones of democracy. We know that
democracy is a state structure in which society chooses its own system of government and accordingly, every
democratic state must recognize freedom of speech or freedom of expression as one of the fundamental
human rights. However, freedom of expression includes not only freedom of speech but also access to
information. In the field of access to information, the state has a negative obligation not to impede the
transfer of information from one person to another and not to interfere in this process (1, p 176).
Freedom of expression is not an absolute right of person, and it means that access to information
sometimes can be restricted by the government. This mainly happens when individuals' freedom of
expression conflicts with the interests of the state.
As we all know, in the XXI century, the Internet is an area where people realize their freedom of speech
and freedom of information. This, in turn, leads to the rapid spread of information and makes it difficult to
manage. Whether the control of freedom of expression and information on the Internet is within the
competence of the states is one of the most discussed issues by law researchers. This is because sometimes
states operating in a democratic regime impose restrictions on freedom of expression on the Internet for
several reasons. Recently, one of the reasons for this is the widespread use of fake news and propaganda.
Sometimes states use censorship to prevent fake news and propaganda in order to protect their legitimate
interests, and this can result in the restriction of fundamental human rights.
The Republic of Azerbaijan, which includes a group of developing countries, is a structurally
democratic, law-governed, secular, unitary republic (2). Prior to the Nagorno-Karabakh conflict, which
Azerbaijan struggled to restore its territorial integrity, the state did not apply any censorship to the Internet.
However, from the first day of the war, access to the Internet was partially restricted without any informing
citizens of media. It was almost impossible to use all means of transmitting and obtaining information
between citizens.
In turn, this caused serious protests from citizens, but on the other hand, the state was considering it
necessary in order to prevent disinformation, fake news, and propaganda aimed at provocation within
Azerbaijan. Nevertheless, fake news and propaganda continued to disseminate by Armenia.
Freedom of speech and expression are one of the fundamental rights gained in civil societies and
recognized by democratic states as an inalienable human right after a long struggle, despite being restricted
by the authorities for centuries. However, this freedom should not exceed certain frontiers.
The legal basis of this right has been embodied in several important international documents related to
human rights and freedoms. For example, according to Article 19 of the Universal Declaration of Human
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expression; this right includes freedom to hold opinions without interference and to seek, receive and impart
information and ideas through any media and reg
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provision also was followed
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