Subject: [CivilSoc] Defining Public Defamation--Standard-Setting Principles
From: Center for Civil Society International (ccsi@u.washington.edu)
Date: Tue Jul 18 2000 - 12:59:19 EDT
Defining Defamation: Standard-Setting Principles
Balance Free Expression and Reputation
In many countries laws protect the 'reputation' of public ministries,
dead people and even flags. Defamation proceedings are used to cover
up shady activities in high places, shield public figures from
legitimate criticism, and to suppress debate on important issues such
as military spending.
"Defining Defamation: Principles on Freedom of Expression and
Protection of Reputation" is a new publication from ARTICLE 19,
Global Campaign for Free Expression, which sets out legal standards
that establish an appropriate balance between the human right to
freedom of expression and the need to protect individual
reputations.1
Toby Mendel, Head of ARTICLE 19's Law Programme said of the publication:
"The Principles provide a practical tool for tackling defamation laws
which present unreasonable barriers to free speech. We hope that the
recommendations will be useful across the board, from lawyers who
wish to bring an international rights perspective to defamation
litigation, to activists seeking to change laws."2
Among other issues, the Principles cover:
* Definitions of who should be allowed to bring defamation cases;
* Criminal defamation and unacceptable sanctions
(e.g., imprisonment and prohibitive damage awards);
* Proof of truth in defamation cases;
* Scope of liability.
The Principles are based on the premise that in a democratic society,
freedom of expression must be guaranteed and may be subject only to
narrowly drawn restrictions which are necessary to protect legitimate
interests, including reputations. In particular, they set out
standards of respect for freedom of expression to which legal
provisions designed to protect reputations should, at a minimum,
conform.
For further information, send an e-mail to: toby@article19.org (tel.
+44 7278 9292). "Defining Defamation" is on ARTICLE 19's website:
www.article19.org/docimages/714.htm
For e-mail copies, send a request to: info@article19.org.
NOTE FOR EDITORS
1. The Principles are based on international law and standards,
evolving state practice (as reflected, inter alia, in national laws
and judgments of national courts), and the general principles of law
recognised by the community of nations. They are the product of a
process overseen by ARTICLE 19, which included a number of national
and international seminars and workshops. The final steps in this
process were a Workshop on Defamation Law, held from 29 February to 1
March 2000 and broad consultation around the draft that emerged from
that Workshop.
2. ARTICLE 19 is happy to accept endorsements for the Principles.
Contact: toby@article19.org
Reply to:
Ilana Cravitz, Communications Officer
ilana@article19.org
Direct line: +44 20 7713 1356
ARTICLE 19, Global Campaign for Free Expression
Lancaster House, 33 Islington High Street, London N1 9LH, UK
Tel: +44 20 7278 9292, Fax: +44 20 7713 1356, e-mail: info@article19.org,
www.article19.org
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