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:
“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)
“The fifth freedom is freedom from ignorance.”
—Lyndon Baines Johnson (1908–1973)
“When toddlers are unable to speak about urgent matters, they must resort to crying or screaming. This happens even with adults. The voice is the carrier of emotion, and when speech fails us, we need to cry out in whatever form we can to convey our meaning. Often, what passes for negativism is really the toddler’s desperate effort to make herself understood.”
—Alicia F. Lieberman (20th century)