Freedom Of Expression And Defamation
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| 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.
| 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.
| 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.
| Author | : Bychawska-Siniarska, Dominika |
| Publisher | : Council of Europe |
| Total Pages | : 124 |
| Release | : 2017-08-04 |
| Genre | : Political Science |
| ISBN | : |
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
| Author | : Russell L. Weaver |
| Publisher | : |
| Total Pages | : 298 |
| Release | : 2016-12 |
| Genre | : Freedom of speech |
| ISBN | : 9781611637304 |
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.
| Author | : Jeroen Temperman |
| Publisher | : Cambridge University Press |
| Total Pages | : 771 |
| Release | : 2017-11-16 |
| Genre | : Law |
| ISBN | : 1108416918 |
This book details the legal ramifications of existing anti-blasphemy laws and debates the legitimacy of such laws in Western liberal democracies.
| Author | : Onur Andreotti |
| Publisher | : Council of Europe |
| Total Pages | : 272 |
| Release | : 2015-10-01 |
| Genre | : Political Science |
| ISBN | : 9287181691 |
Is journalism under threat? Censorship, political pressure, intimidation, job insecurity and attacks on the protection of journalists’ sources - how can these threats be tackled?Journalism at Risk is a new book from the Council of Europe, in which ten experts from different backgrounds examine the role of journalism in democratic societies. Is journalism under threat? The image of journalists, as helmeted war correspondents protected by bullet-proof vests and armed only with cameras and microphones, springs to mind. Physical threats are only the most visible dangers, however. Journalists and journalism itself are facing other threats such as censorship, political and economic pressure, intimidation, job insecurity and attacks on the protection of journalists’ sources. Social media and digital photography mean that anyone can now publish information, which is also upsetting the ethics of journalism. How can these threats be tackled? What is the role of the Council of Europe, the European Court of Human Rights and national governments in protecting journalists and freedom of expression? In this book, 10 experts from different backgrounds analyse the situation from various angles. At a time when high-quality, independent journalism is more necessary than ever – and yet when the profession is facing many different challenges – they explore the issues surrounding the role of journalism in democratic societies.
| Author | : Wolfgang Benedek |
| Publisher | : Council of Europe |
| Total Pages | : 240 |
| Release | : 2020-09-08 |
| Genre | : Political Science |
| ISBN | : 9287187029 |
An invaluable resource for students of law, politics, international relations and technology as well as for diplomats and civil society actors, this publication demonstrates how the Council of Europe contributes to ensuring that everyone’s voice online can be heard. This is key to sustainable, human rights oriented and people-centred digitalisation. Human rights matter on the internet. Without freedom of expression, people cannot participate in everything that the information society has to offer. Yet online free speech is in danger. Between state laws, private rules and algorithms, full participation in the online communicative space faces many challenges. This publication explores the profound impact of the internet on free expression and how it can be effectively secured online. The second, updated edition of this introduction into the protection of freedom of expression online answers essential questions regarding the extent and limits of freedom of expression online and the role of social networks, courts, states and organisations in online communication spaces. In clear language, with vivid examples spanning two decades of internet law, the authors answer questions on freedom of expression in cyberspace. Addressing issues from the protection of bloggers to the right to access online information, the publication also shows the importance of the standard-setting, monitoring and promotion activities of international and non-governmental organisations and includes a chapter on relevant national practice. It pays special attention to the role of European human rights law and the Council of Europe as this region’s most important human rights organisation.
| Author | : Anthony Lewis |
| Publisher | : Vintage |
| Total Pages | : 369 |
| Release | : 2011-04-20 |
| Genre | : Political Science |
| ISBN | : 0307787826 |
A crucial and compelling account of New York Times Co. v. Sullivan, the landmark Supreme Court case that redefined libel, from the Pulitzer Prize–winning legal journalist Anthony Lewis. The First Amendment puts it this way: "Congress shall make no law...abridging the freedom of speech, or of the press." Yet, in 1960, a city official in Montgomery, Alabama, sued The New York Times for libel—and was awarded $500,000 by a local jury—because the paper had published an ad critical of Montgomery's brutal response to civil rights protests. The centuries of legal precedent behind the Sullivan case and the U.S. Supreme Court's historic reversal of the original verdict are expertly chronicled in this gripping and wonderfully readable book by the Pulitzer Prize Pulitzer Prize–winning legal journalist Anthony Lewis. It is our best account yet of a case that redefined what newspapers—and ordinary citizens—can print or say.
| Author | : Douglas M. Fraleigh |
| Publisher | : SAGE |
| Total Pages | : 473 |
| Release | : 2010-05-19 |
| Genre | : Law |
| ISBN | : 1452236909 |
A comprehensive guide to effective participation in the public debate about our most indispensable right: freedom of expression Encouraging readers to think critically about freedom of speech and expression and the diverse critical perspectives that challenge the existing state of the law, this text provides a comprehensive analysis of the historical and legal contexts of the First Amendment, from its early foundations all the way to censorship on the Internet. Throughout the book, authors Douglas M. Fraleigh and Joseph S. Tuman use the "Marketplace of Ideas" metaphor to help readers visualize a world where the exchange of ideas is relatively unrestrained and self-monitored. The text provides students with the opportunity to read significant excerpts of landmark decisions and to think critically about the issues and controversies raised in these cases. Students will appreciate the treatment of contemporary issues, including free speech in a post-9/11 world, free expression in cyberspace, and First Amendment rights on college campuses. Features: Demystifies free speech law, encouraging readers to grapple with the complexities of significant ethical and legal issues Sparks student interest in "big picture" issues while simultaneously covering important foundational material, including incitement, fighting words, true threats, obscenity, indecency, child pornography, hate speech, time place and manner restrictions, symbolic expression, restrictions on the Internet, and terrorism. Includes significant excerpts from landmark freedom of expression cases, including concurring or dissenting opinions where applicable, to help students become active learners of free expression rights Offers critical analysis and alternative perspectives on free expression doctrines to demonstrate that existing doctrine is not necessarily ideal or immutable Includes a global perspective on free expression including a chapter on international and comparative perspectives that helps students see how the values of different cultures influence judicial decisions
