Linkages between Freedom of Expression and Unfair Competition Rules in International Trade: The Hertel Case and Beyond

This chapter seeks to explore the relationship between unfair competition rules and freedom of expression, including the right to provide and obtain information. Both areas are of uncontested importance in their respective fields. Both areas developed independently. Their mutual impact and relationship are still largely unsettled in law, both domestically and even more so internationally. Freedom of expression, entailing free speech, freedom of the press, and freedom of information, both active and passive, are at the core of classical human rights. These rights to communication are of paramount importance for the functioning of democracy in pluralist societies.