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:
“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)
“If the Union is now dissolved it does not prove that the experiment of popular government is a failure.... But the experiment of uniting free states and slaveholding states in one nation is, perhaps, a failure.... There probably is an “irrepressible conflict” between freedom and slavery. It may as well be admitted, and our new relations may as be formed with that as an admitted fact.”
—Rutherford Birchard Hayes (1822–1893)
“Grammar is a tricky, inconsistent thing. Being the backbone of speech and writing, it should, we think, be eminently logical, make perfect sense, like the human skeleton. But, of course, the skeleton is arbitrary, too. Why twelve pairs of ribs rather than eleven or thirteen? Why thirty-two teeth? It has something to do with evolution and functionalism—but only sometimes, not always. So there are aspects of grammar that make good, logical sense, and others that do not.”
—John Simon (b. 1925)