Contemporary challenges to freedom of expression 2016, para. 33

Paragraph

Paragraph text: Closely related to these grounds are charges under lese-majesty laws and both criminal and civil defamation. Thailand, for instance, regularly detains and prosecutes people on the grounds of criticizing the royal family, imposing sentences that may reach to decades. The Government argues that the law "gives protection to the rights or reputations" of members of the royal family "in a similar way libel law does for commoners", without acknowledging the high value placed on expression directed towards matters of politics, governance and public life. National laws also allow such prosecutions in other societies with royal families, such as in the Netherlands. Just as such laws that criminalize criticism of government officials or royalty are manifestly inconsistent with freedom of expression, and unjustifiable under article 19 (3), so too are laws that criminalize insults or criticism of foreign officials. In 2016, the Representative on Freedom of the Media of the Organization for Security and Cooperation in Europe urged Governments to repeal laws that shield foreign leaders from criticism solely because of their function or status. I share the concern of the Human Rights Council with respect to the "abuse of legal provisions on defamation and criminal libel" (see Council resolution 12/16) and believe that any criminal penalties or excessive civil penalties for defamation are generally inconsistent with article 19 and should be repealed.

Body: Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression

Topic(s)

Person(s) affected

Reference: SR Freedom of Opinion, Report to the UNGA (2016), A/71/373, para. 33.