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The terms ‘freedom’ and ‘liability’ are polysemantic and bear multi-valent meanings according to the field. Civil or criminal liability, through the interdictions it brings, sets the border between the legal or illegal discourse. The guilt defined by criminal and civil crimes transfers a set of obligations to the communicator1. Terms like ‘excess’ or ‘abuse’ of the freedom of expression is another way to define it. We shall try hereinafter to answer the question whether it is better to regulate and engage the civil liability or criminal liability in relation to the freedom of expression.

THE PLACE OF LIABILITY IN RESPECT TO THE FREEDOM OF EXPRESSION