While states have a positive responsibility to prevent undue interference with civil and political rights by third parties, undue state intervention through excessive or undue regulation can result in undermining the very rights that it is meant to protect. Unjustified state surveillance of private communications and the different ways in which online platforms may be used so as to – intentionally or accidentally – affect the flow of information, directly curb the freedom of expression, hinder democratic dialogue, and infringe the principles of institutional neutrality and electoral equity. Enabling the authorities to interfere with the public discourse may be abused to silence dissidents and prevent discussion which challenges mainstream thought and restricts criticism of societal attitudes. In particular, the filtering, blocking and take-down of illegal content on the internet in order to combat notably hate crimes and to protect national security, as well as intellectual property and privacy or defamation rights must be in accordance with the law, which includes a precise and narrow definition of the offences in cause, and it must pursue one of the legitimate aims listed in Article 10 ECHR. The criteria of necessity in a democratic society and proportionality must always be respected. Effective judicial review by independent and impartial courts must be guaranteed.