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: Defamed
Famous quotes containing the words freedom and/or speech:
“No matter what a man does, he is not fully sane or human unless there is a spirit of freedom in him, a soul unconfined by purpose and larger than the practicable world.”
—Charles Horton Cooley (1864–1929)
“We hear about constitutional rights, free speech and the free press. Every time I hear those words I say to myself, “That man is a Red, that man is a Communist.” You never heard a real American talk in that manner.”
—Frank Hague (1876–1956)