Contemporary challenges to freedom of expression 2016, para. 34
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- Punishment for defamation of government officials is widespread and directly interferes with freedom of expression, whether by imposing penalties on expression or dissuading individuals from criticizing officials or government policy. Journalists and writers are regular targets of defamation prosecutions or civil lawsuits. In Angola, for instance, the Government charged and convicted an author of criminal defamation upon publication of a book on conflict diamonds and corruption in the country. Honduran officials have reportedly intimidated journalists and human rights defenders on charges of defamation. In Tajikistan, while the Government has eliminated criminal penalties for defamation in most cases (but not for defamation of the President), government officials may still bring civil defamation lawsuits against journalists or publishers. Particularly with respect to public figures, national laws should be careful to ensure that any respondent in a defamation case may raise a public interest defence, and even untrue statements made in error and without malice should not be rendered unlawful or subject to penalty (see Human Rights Committee, general comment No. 34, para. 47). The joint declaration on freedom of expression of 2000 by the Special Rapporteur, the Representative on Freedom of the Media of the Organization for Security and Cooperation in Europe and the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights cautioned against sanctioning defamation such that it chills the exercise of freedom of expression itself.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
- Paragraph type
- Other
- Reference
- SR Freedom of Opinion, Report to the UNGA (2016), A/71/373, para. 34.
- Paragraph number
- 34
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