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Newsletter n° 22

26.06.2003
THE BUSINESS OF NEWSPAPERS MEDIA LAWS

What are defamation laws?

In legal terms, defamation means accusing a person of something that harms his or her reputation. Defamation, when published, is called libel. Pictures can also be libellous.

Defamation laws allow people to sue those who publish material that harms their reputation.

The original idea of defamation laws is to protect people against unfair attack. But today, governments worldwide abuse these laws, thus restricting freedom of speech.

ARTICLE 19, a global organisation for free expression, states that: "Governments and government officials are abusing defamation and insult laws to suppress criticism of official wrongdoing, maladministration and corruption, and to avoid scrutiny. These laws often flout international principles and standards. They are also often unconstitutional."

Defamation can be either a criminal or a civil offence. The difference is that criminal offences usually carry prison sentences, whereas civil offences usually carry fines, but no imprisonment. Governments can suppress the media more efficiently through criminal defamation laws. Imprisonment is a particularly efficient means of harassing the media.

ARTICLE 19 has published an online information package on defamation laws. It includes a detailed definition of defamation laws and a very useful set of Frequently Asked Questions. Examples of questions: "How can I tell if someone is using the law of defamation legitimately?" and "Could an editing error count as defamation?". You can download the information package on the following website: http://www.article19.org/docimages/...

ARTICLE 19 has also published the following documents on defamation laws: "Defining Defamation: Principles on Freedom of Expression and Protection of Reputation," available on: http://www.article19.org/docimages/... and "Defamation and Insult laws: overview of the practice in SADC", which includes a detailed account of the situation in five Southern African countries. You can download the document on: http://www.article19.org/docimages/...


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