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Global Approaches to DefamationGlobal Approaches to Defamation

Presented by Michael Presented by Michael KaranicolasKaranicolasLegal OfficerLegal OfficerCentre for Law and DemocracyCentre for Law and Democracy

What is Defamation?What is Defamation?

•• A communication to a third party that has harmed theA communication to a third party that has harmed thereputation of a person or body.reputation of a person or body.

•• Generally the statement should be false and factual.Generally the statement should be false and factual.•• Other Other defences defences include reasonable publication,include reasonable publication,

privilege, and innocent dissemination.privilege, and innocent dissemination.

Criminal Defamation?Criminal Defamation?

•• Many people believe that criminal defamation laws,Many people believe that criminal defamation laws,by their nature, violate international human rightsby their nature, violate international human rightsnorms.norms.

•• This violates the This violates the ““necessitynecessity”” branch of the three-part branch of the three-parttest.test.

Civil DefamationCivil Defamation

•• Remedies should be proportionate - usually in theRemedies should be proportionate - usually in theform of monetary compensation and/or the printing ofform of monetary compensation and/or the printing ofa retraction.a retraction.

Public bodies or Officials?Public bodies or Officials?•• There is some debate as to whether public bodiesThere is some debate as to whether public bodies

should be allowed to sue for defamation - manyshould be allowed to sue for defamation - manyestablished democracies say no.established democracies say no.

•• Public officials have somewhat more leeway to suePublic officials have somewhat more leeway to suethan public bodies, but their position opens them to athan public bodies, but their position opens them to awider margin of legitimate criticism than others.wider margin of legitimate criticism than others.