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 speech, 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)
“Gardening is civil and social, but it wants the vigor and freedom of the forest and the outlaw.”
—Henry David Thoreau (1817–1862)
“In giving freedom to the slave, we assure freedom to the free—honorable alike in what we give and what we preserve. We shall nobly save, or meanly lose, the last, best hope of earth.”
—Abraham Lincoln (1809–1865)
“Greek is the embodiment of the fluent speech that runs or soars, the speech of a people which could not help giving winged feet to its god of art. Latin is the embodiment of the weighty and concentrated speech which is hammered and pressed and polished into the shape of its perfection, as the ethically minded Romans believed that the soul also should be wrought.”
—Havelock Ellis (1859–1939)