Project news

Back Council of Europe Secretary General calls on European states to ensure that defamation legislation does not silence the media

World Press Freedom Day, 3 May
Council of Europe Secretary General calls on European states to ensure that defamation legislation does not silence the media

Strasbourg, 02.05.2016 - On the eve of Press Freedom Day on 3 May, Council of Europe Secretary General Thorbjørn Jagland called upon the 47 Council of Europe member states to make sure that their national legislation on defamation does not lead to self-censorship of the media and does not weaken public debate.

“We are witnessing worrying trends of some governments misusing defamation lawsuits for political purposes, arbitrary application of defamation laws leading to imprisonment of journalists and attempts to roll-back legislative reforms decriminalising defamation. These are among the findings of my Report on the State of Democracy, Human Rights and the Rule of Law in Europe 2016”, said the Secretary General.

“It is essential for democracy that the media carry out their work scrutinising and criticising those in power. In performing this watchdog function, they must benefit fully from the guarantees of the European Convention on Human Rights within the limits it establishes. Defamation laws and their implementation should not have a chilling effect on freedom of expression”, he added.

“When drafting or amending legislation, governments should take into account that the European Court of Human Rights has stressed that prison sentences are only compatible with the Convention in very exceptional cases, notably when other fundamental rights have been breached, for example in the case of hate speech or incitement to violence. It is also crucial that sanctions for defamation foreseen in civil law are proportionate and cannot be abused to silence the media”, he stressed.

Defamation has progressively been de-criminalised in most European countries and wherever it is still criminalised, sanctions are seldom applied. However, in recent years there has been a sharp increase in the number of lawsuits and excessive awards of damages, often higher than the fines imposed under criminal law.

In a set of Guidelines to protect journalism and ensure the safety of journalists and other media actors adopted earlier this year, the Council of Europe´s  Committee of Ministers asked member states to review domestic laws and practices concerning media freedom, including the way defamation is addressed, to ensure they comply with the European Convention on Human Rights.

 

headline Strasbourg 02.05.2016
  • Diminuer la taille du texte
  • Augmenter la taille du texte
  • Imprimer la page
Project Content
Relevant publications and materials

Committee of Ministers Recommendations, Resolutions and Declarations adopted in the Internet Governance field

The Organization has committed to promote Internet governance Recommendations, Declarations and Principles and has called on its member states to uphold them when developing Internet related public policies. It has also encouraged other stakeholders to embrace them in the exercise of their own responsibilities.

Publications developed by the Council of Europe:

The Rule of Law on the Internet and in the Wider Digital World

Brochure on The Council of Europe and the Internet

Maximise rights - Minimise Restrictions leaflet

Project Overview

Status: Active

Duration: The project started in July 2015 and is designed for 18 months.

Geographic coverage: Georgia, Moldova and regional dimension.

Focus Area: To increase awareness and respect for human rights, in particular freedom of expression and private life, in developing the information society in the Republic of Moldova.

Partners: Public officials of the relevant national authorities: Ministry of Information Technology and Communications, Ministry of Education, including teaching staff, e-Government Center, national Internet Service Providers, academia and civil society.

Implementing authority: Council of Europe-Information Society Department, Information Society and Actions against Crime Directorate, Directorate General of Human Rights and Rule of Law and Council of Europe Office in Moldova.

Point of Contact:

Natalia Rusu, Project Officer

Tel.: +373 22 888-911