What are the similarities and differences between insult and defamation laws? Insult laws are a form of defamation. Like insult laws, defamation laws are a recourse for people whose reputations have been harmed by unflattering or offensive statements. However, there are crucial differences between the two offences.

1. Insult laws protect only public figures. These can include individuals like a President, a King, members of Parliament, or institutions like the police, armed forces, or judicial bodies. The protection also extends to national symbols like the flag or coat of arms.

2. Insult laws, unlike defamation laws, can punish both truthful statements and opinions. Truth is not a defence. Any statement that harms a public official’s reputation is actionable. This means that jokes, cartoons, satire, etc. are all vulnerable to condemnation under insult laws.

3. Insult laws are not consistent with any international norms. They are seen as counter to the fundamental rights of freedom of speech, information, and expression. Imposing criminal sanctions (imprisonment) is seen as disproportionate to the "offence" committed. On the other hand, civil defamation is recognized as a valid claim, as long as the sentencing is reasonable.

How are insult laws justified? In some Western European countries, insult laws have been on the books for centuries. Initially, they were grounded on a belief in the "divine right of kings". In theory, a monarch was responsible to God alone, not to those he governed. It followed that the monarch was always insulated from any public criticism. In fact, forms of insult laws still exist in countries like France, Germany, the Netherlands, Italy and other European nations.

Most of the countries that invoke insult laws today are former colonies of nations such as France or Spain and have simply followed in the footsteps of their colonial rulers. Although these laws are rarely invoked in Western Europe, they still serve as a model and justification for insult laws that are actually applied.

Other rationalizations made in defence of insult laws include a desire to protect individual privacy and to promote national security.

How are insult laws abused? Insult laws can and are used by oppressive regimes to stifle press freedom and free speech. By punishing mere criticism of public figures, insult laws stifle political discussion and investigative reporting. Because violation of insult laws can mean heavy fines, imprisonment, or both, journalists also routinely engage in self-censorship. All these effects are clearly contrary to the freedom to impart and to receive information, a fundamental right that has been recognized by the international community.