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: Slanderer
Famous quotes containing the words freedom of, freedom and/or speech:
“I know of no country in which there is so little independence of mind and real freedom of discussion as in America.”
—Alexis de Tocqueville (1805–1859)
“So far as discipline is concerned, freedom means not its absence but the use of higher and more rational forms as contrasted with those that are lower or less rational.”
—Charles Horton Cooley (1864–1929)
“Much speech is one thing, well-timed speech is another.”
—Sophocles (497–406/5 B.C.)