Defining Defamation: Principles on Freedom of Expression and Protection of Reputation

The Principles, as stated in the abstract, “are based on the premise that, in a democratic society, freedom of expression must be guaranteed and may be subject only to narrowly drawn restrictions which are necessary to protect legitimate interests, including reputations”.

Based on international law and standards, evolving state practice, and general principles recognised by the community of nations, these principles are the product of a long process of study, analysis, and consultation overseen by ARTICLE 19, including a number of national and international seminars and workshops.

Originally published in 2000, they have been revised and submitted to public consultation.

The paper consists of 22 chapters, each devoted to a separate principle. Some principles contain analysis of the law, some other remedies and general assumptions.

Topics of the analysis include: costs, pecuniary awards, non-pecuniary remedies, matters of public concern, proof of substantial truth, protection of sources, and other issues regarding the daily activity of journalists.