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:
“Our liberty depends on the freedom of the press, and that cannot be limited without being lost.”
—Thomas Jefferson (1743–1826)
“[T]here is a Wit for Discourse, and a Wit for Writing. The Easiness and Familiarity of the first, is not to savour in the least of Study; but the Exactness of the other, is to admit of something like the Freedom of Discourse, especially in Treatises of Humanity, and what regards the Belles Lettres.”
—Richard Steele (1672–1729)
“The less sophisticated of my forbears avoided foreigners at all costs, for the very good reason that, in their circles, speaking in tongues was commonly a prelude to snake handling. The more tolerant among us regarded foreign languages as a kind of speech impediment that could be overcome by willpower.”
—Barbara Ehrenreich (b. 1941)