Freedom of expression and defamation

Freedom of expression and defamation PDF

Author: Tarlach McGonagle

Publisher: Council of Europe

Published: 2016-09-01

Total Pages: 72

ISBN-13: 9287183473

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Freedom of expression and defamation: where do we draw the line? Freedom of expression is a fundamental freedom, one of the cornerstones of democracy in Europe, enshrined in various key texts, including the European Convention on Human Rights. But the boundaries between freedom to criticise and damaging a person’s honour or reputation are not always very clear. By defining public insults and defamation, the law can set limits on freedom of expression, which is neither absolute nor boundless. But how far can it go? This study examines the details of the European Court of Human Right’s case law on defamation. It explores a range of substantive and procedural issues that the Court has considered, and clarifies the concept of defamation, positioning it in relation to freedom of expression and public debate. It explains how overly protective defamation laws can have a chilling effect on freedom of expression and public debate, and discusses the proportionality of defamation laws and their application.

Defamation and Freedom of Speech

Defamation and Freedom of Speech PDF

Author: Dario Milo

Publisher: OUP UK

Published: 2008-02-14

Total Pages: 394

ISBN-13:

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The book examines the law of defamation, and argues that it must be reformed in a number of ways in order to balance two important constitutional rights, the right to reputation and the right to freedom of expression. The book analyses how far the media and others should be entitled to go in reporting on important matters of public interest in society, such as corruption and misconduct in public office. It also examines where the line should be drawn between a public figure's public and private life.

The Oxford Handbook of Freedom of Speech

The Oxford Handbook of Freedom of Speech PDF

Author: Adrienne Stone

Publisher: Oxford University Press

Published: 2021-01-26

Total Pages: 704

ISBN-13: 0192562622

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Freedom of speech is central to the liberal democratic tradition. It touches on every aspect of our social and political system and receives explicit and implicit protection in every modern democratic constitution. It is frequently referred to in public discourse and has inspired a wealth of legal and philosophical literature. The liberty to speak freely is often questioned; what is the relationship between this freedom and other rights and values, how far does this freedom extend, and how is it applied to contemporary challenges? The Oxford Handbook on Freedom of Speech seeks to answer these and other pressing questions. It provides a critical analysis of the foundations, rationales, and ideas that underpin freedom of speech as a political idea, and as a principle of positive constitutional law. In doing so, it examines freedom of speech in a variety of national and supra-national settings from an international perspective. Compiled by a team of renowned experts in the field, this handbook features original essays by leading scholars and theorists exploring the history, legal framework and controversies surrounding this tennet of the democratic constitution.

Freedom of expression and defamation

Freedom of expression and defamation PDF

Author: Tarlach McGonagle

Publisher: Council of Europe

Published: 2016-09-01

Total Pages: 72

ISBN-13: 9287183724

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Freedom of expression and defamation: where do we draw the line? Freedom of expression is a fundamental freedom, one of the cornerstones of democracy in Europe, enshrined in various key texts, including the European Convention on Human Rights. But the boundaries between freedom to criticise and damaging a person’s honour or reputation are not always very clear. By defining public insults and defamation, the law can set limits on freedom of expression, which is neither absolute nor boundless. But how far can it go? This study examines the details of the European Court of Human Right’s case law on defamation. It explores a range of substantive and procedural issues that the Court has considered, and clarifies the concept of defamation, positioning it in relation to freedom of expression and public debate. It explains how overly protective defamation laws can have a chilling effect on freedom of expression and public debate, and discusses the proportionality of defamation laws and their application.

The Routledge Companion to Media and Human Rights

The Routledge Companion to Media and Human Rights PDF

Author: Howard Tumber

Publisher: Routledge

Published: 2017-07-14

Total Pages: 520

ISBN-13: 1317215125

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The Routledge Companion to Media and Human Rights offers a comprehensive and contemporary survey of the key themes, approaches and debates in the field of media and human rights. The Companion is the first collection to bring together two distinct ways of thinking about human rights and media, including scholarship that examines media as a human right alongside that which looks at media coverage of human rights issues. This international collection of 49 newly written pieces thus provides a unique overview of current research in the field, while also providing historical context to help students and scholars appreciate how such developments depart from past practices. The volume examines the universal principals of freedom of expression, legal instruments, the right to know, media as a human right, and the role of media organisations and journalistic work. It is organised thematically in five parts: Communication, Expression and Human Rights Media Performance and Human Rights: Political Processes Media Performance and Human Rights: News and Journalism Digital Activism, Witnessing and Human Rights Media Representation of Human Rights: Cultural, Social and Political. Individual essays cover an array of topics, including mass-surveillance, LGBT advocacy, press law, freedom of information and children’s rights in the digital age. With contributions from both leading scholars and emerging scholars, the Companion offers an interdisciplinary and multidisciplinary approach to media and human rights allowing for international comparisons and varying perspectives. The Routledge Companion to Media and Human Rights provides a comprehensive introduction to the current field useful for both students and researchers, and defines the agenda for future research.

Comparative Perspectives on Freedom of Expression

Comparative Perspectives on Freedom of Expression PDF

Author: Russell L. Weaver

Publisher:

Published: 2016-12

Total Pages: 298

ISBN-13: 9781611637304

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This book includes papers from the First Amendment Discussion Forum and the Defamation Discussion Forum, which focused on two topics: the intersection between freedom of expression and criminal law and the evolving nature of defamation law. The free speech papers examine a variety of important and interesting issues: advocacy of illegal action (from both U.S. and Hungarian perspectives); justifications for criminalizing sexual speech; character evidence; and violent videos and the protection of juveniles. The Global Papers Series involves publications of papers by nationally and internationally prominent legal scholars on a variety of important legal topics, including administrative law, freedom of expression, defamation and criminal law. The books in this series present the work of scholars from different nations who bring diverse perspectives to the issues under discussion.

Defamation and Freedom of Speech

Defamation and Freedom of Speech PDF

Author: Dario Milo

Publisher:

Published: 2008

Total Pages: 338

ISBN-13: 9780191709449

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This text examines the law of defamation, and argues that it must be reformed in a number of ways in order to balance two important constitutional rights, the right to reputation and the right to freedom of expression.

Freedom of Speech or Defamation? Expressing Yourself on the Web

Freedom of Speech or Defamation? Expressing Yourself on the Web PDF

Author: Jason Porterfield

Publisher: The Rosen Publishing Group, Inc

Published: 2012-12-15

Total Pages: 50

ISBN-13: 1448883768

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Digital communication—particularly via social networking sites—has quickly become a dominant form of interaction in our society and worldwide. The instantaneous convenience of conversation and dialog with friends down the street or strangers halfway across the globe is a wondrous technological development and one with enormous potential for relationship-strengthening, idea-sharing, and community-building. Yet the anonymity of digital communication and self-expression also provides some users with a false sense of impunity. They feel encouraged to say things they wouldn't say in a face-to-face encounter. Some of these posts can be bullying; some can involve hate speech or defamation. Readers will walk the line that separates harsh but legitimate criticism, which is protected by free speech provisions of the Constitution, from defamation and other illegal forms of expression. They also wade into these troubled waters, sort through the major legal precedents, and are provided with some invaluable guidelines to follow when expressing themselves or communicating with others via the Internet.

Freedom of Expression and Defamation

Freedom of Expression and Defamation PDF

Author: Council of Europe

Publisher:

Published: 2016-09-13

Total Pages: 70

ISBN-13: 9789287182500

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Freedom of expression is a fundamental freedom, one of the cornerstones of democracy in Europe, enshrined in various key texts, including the European Convention on Human Rights. But the boundaries between freedom to criticise and damaging a person's honour or reputation are not always very clear. By defining public insults and defamation, the law can set limits on freedom of expression, which is neither absolute nor boundless. But how far can it go? This study examines the details of the European Court of Human Right's case law on defamation. It explores a range of substantive and procedural issues that the Court has considered, and clarifies the concept of defamation, positioning it in relation to freedom of expression and public debate. It explains how overly protective defamation laws can have a chilling effect on freedom of expression and public debate, and discusses the proportionality of defamation laws and their application.