Freedom of Speech
Defamation laws may come into tension with freedom of speech, leading to censorship or chilling effects where publishers fear lawsuits. Article 10 of the European Convention on Human Rights permits restrictions on freedom of speech when necessary to protect the reputation or rights of others.
Jurisdictions resolve this tension in different ways, in particular in determining where the burden of proof lies when unfounded allegations are made. The power of the internet to disseminate comment, which may include malicious comment, has brought a new focus to the issue.
There is a broader consensus against laws that criminalize defamation. Human rights organizations, and other organizations such as the Council of Europe and Organization for Security and Co-operation in Europe, have campaigned against strict defamation laws that criminalize defamation. The European Court of Human Rights has placed restrictions on criminal libel laws because of the freedom of expression provisions of the European Convention on Human Rights. One notable case was Lingens v. Austria (1986).
Read more about this topic: Defamed
Famous quotes containing the words freedom of, freedom and/or speech:
“We are at war with the most dangerous enemy that has ever faced mankind in his long climb from the swamp to the stars, and it has been said if we lose that war, and in so doing lose this way of freedom of ours, history will record with the greatest astonishment that those who had the most to lose did the least to prevent its happening.”
—Ronald Reagan (b. 1911)
“It is better for a man to go wrong in freedom than to go right in chains.”
—Thomas Henry Huxley (1825–95)
“Here we have the beautiful British compromise: a man can say anything, he mustn’t do anything; a man can listen to anything, but he musn’t be roused to do anything. By freedom of speech is meant freedom to talk about; speech is not saying-as-an-action.”
—Paul Goodman (1911–1972)