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:
“The real stumbling-block of totalitarian régimes is not the spiritual need of men for freedom of thought; it is men’s inability to stand the physical and nervous strain of a permanent state of excitement, except during a few years of their youth.”
—Simone Weil (1909–1943)
“Man cannot be free if he does not know that he is subject to necessity, because his freedom is always won in his never wholly successful attempts to liberate himself from necessity.”
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“Let your speech be always with grace, seasoned with salt, that ye may know how ye ought to answer every man.”
—Bible: New Testament Colossians 4:6.