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: Defamation
Famous quotes containing the words freedom of, freedom and/or speech:
“Woe to that nation whose literature is cut short by the intrusion of force. This is not merely interference with freedom of the press but the sealing up of a nation’s heart, the excision of its memory.”
—Alexander Solzhenitsyn (b. 1918)
“Bodhidharma sailing the Yangtze on a reed
Lenin in a sealed train through Germany
Hsuan Tsang, crossing the Pamirs
Joseph, Crazy Horse, living the last free
starving high-country winter of their tribes.
Surrender into freedom revolt into slavery—”
—Gary Snyder (b. 1930)
“On me your voice falls as they say love should,
Like an enormous yes. My Crescent City
Is where your speech alone is understood.”
—Philip Larkin (1922–1986)