Defamation and Freedom of Speech

Defamation and Freedom of Speech
Author: Dario Milo
Publisher: Oxford University Press, USA
Total Pages: 394
Release: 2008-02-14
Genre: Language Arts & Disciplines
ISBN:

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.

Defamation and Freedom of Speech

Defamation and Freedom of Speech
Author: Dario Milo
Publisher:
Total Pages: 338
Release: 2008
Genre: Freedom of speech
ISBN: 9780191709449

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.

The Oxford Handbook of Freedom of Speech

The Oxford Handbook of Freedom of Speech
Author: Adrienne Stone
Publisher: Oxford University Press, USA
Total Pages: 609
Release: 2021-01-14
Genre: Law
ISBN: 019882758X

The Oxford Handbook on Freedom of Speech 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.

Freedom of expression and defamation

Freedom of expression and defamation
Author: Tarlach McGonagle
Publisher: Council of Europe
Total Pages: 72
Release: 2016-09-01
Genre: Political Science
ISBN: 9287183473

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.

Freedom of Speech or Defamation? Expressing Yourself on the Web

Freedom of Speech or Defamation? Expressing Yourself on the Web
Author: Jason Porterfield
Publisher: The Rosen Publishing Group, Inc
Total Pages: 50
Release: 2012-12-15
Genre: Juvenile Nonfiction
ISBN: 1448883768

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.

Human Rights: Group Defamation, Freedom of Expression and the Law of Nations

Human Rights: Group Defamation, Freedom of Expression and the Law of Nations
Author: Thomas David Jones
Publisher: BRILL
Total Pages: 333
Release: 2021-09-27
Genre: Law
ISBN: 9004481672

In his book Human Rights: Group Defamation, Freedom of Expression and the Law of Nations, Thomas David Jones presents a discussion and analysis of the laws governing group defamation and speech inciteful of racial hatred in Great Britain, Canada, India, Nigeria, and the United States. Although there exists no federal group defamation law in the United States, a few state legislatures have promulgated group defamation statutes, while a cause of action for group defamation has been recognized as justiciable in the decision law of other states. Mr Jones describes his theory as constitutional minimalism because he does not advocate the legal proscription of all derogatory hate speech. Only the sub-category of hate speech that fulfills the standard elements of proof found in common law defamation claim will be prosecuted criminally by the federal government. The author further asserts that a carefully and narrowly drafted federal criminal group defamation statute will pass constitutional muster without creating a conflict with First Amendment rights.

Defamation and the Right to Freedom of Speech

Defamation and the Right to Freedom of Speech
Author: Mariette Jones
Publisher: Taylor & Francis
Total Pages: 198
Release: 2024-06-28
Genre: Law
ISBN: 1040044956

In an effort to balance the protection of reputation and the right to free speech, the UK Parliament attempted to fundamentally transform English libel law through the Defamation Act 2013. This book evaluates the success of this attempt by means of a comparative analysis of relevant law in the United States of America (US), Germany, and the European Court of Human Rights. It examines the reasons that it was deemed necessary to reform the common law of defamation in England and Wales, the changes wrought by the act, and the case law it has engendered. As defamation often occurs internationally, the book also takes a broad comparative look at the way in which other relevant jurisdictions attempt to balance reputational protection and free speech. The natural starting point is the US where freedom of expression is strongly protected by the US Constitution. From there the focus shifts to Germany where both competing legal interests are likewise given constitutional protection. The European Court of Human Rights’ jurisprudence is also examined because of its highly developed balancing approach and its general reflection of European legal thinking. Recent high-profile defamation cases such as those concerning the actors Johnny Depp and Amber Heard, decided in the UK as well as the US, form interesting and informative case studies. The final section of the work rates the libel reform attempted in the UK against its own benchmarks, provides suggestions about the way in which it is developing, and concludes that valuable lessons can still be learnt from the comparator jurisdictions. The book will be essential reading for those working in the areas of human rights law and media law.