JUST PUBLISHED - Freedom of expression and protection of reputation

Freedom of expression is one of the foundations of a democratic and pluralistic society. Its corollary is access for everyone to accurate, reliable and timely information, a key precondition for informed public participation. The role of the media and journalists in seeking out, verifying and distributing information is crucial.

States have the responsibility to provide adequate safeguards, both through law and practice, for the effective enjoyment and protection of freedom of expression, including by creating an enabling environment for free and responsible media to flourish and play their essential role in democracy.

The Council of Europe is well placed to help prevent and address the threats to the exercise of the rights and freedoms guaranteed by Article 10 of the European Convention on Human Rights, both offline and in the online environment.

Freedom of expression and defamation

A study of the case-law of the European Court of Human Rights

The present study is a continuation of previous work on the relationship between the right to freedom of expression and defamation by the Council of Europe.

In 2012, the Council of Europe prepared a “Study on the alignment of laws and practices concerning defamation with the relevant case-law of the European Court of Human Rights on freedom of expression, particularly with regard to the principle of proportionality”. In addition to the analysis of the Court’s case-law, that Study contained information on the legal provisions on defamation in various Council of Europe member states. Moreover, it attempted to identify trends in the development of rules on defamation, both in national legal systems and in international law.

The present study is more detailed and examines the developments in the case-law of the Court relating to freedom of expression and defamation. It starts by clarifying the concept of defamation and proceeds to explain how defamation laws that are overly protective of reputation can have a chilling effect on freedom of expression and public debate. The study then identifies the key principles governing that relationship and draws patterns of how the Court has applied them in its case-law. In doing so, it explores a range of substantive and procedural issues that have been considered by the Court. They include the scope of defamation laws, their application and the responsibility of different actors under those laws.

More on Council of Europe work on defamation

Strasbourg 16 September 2016

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In time of conflict

The right to freedom of expression and information constitutes one of the essential foundations of democratic society. In conflict situations and wars, the role of the media is critical in providing the public with accurate and timely information. Trustworthy news and images can contribute to the protection of civilians and conflict prevention, bring to the attention of the international community the horrors and reality of conflict and expose violations of human rights and international humanitarian law.

Visit the "Freedom of expression in times of conflict" webpage

Journalists Matter Campaign

Journalists Matter, the Council of Europe Campaign for the Safety of Journalists is an initiative aiming to promote press freedom and protect journalists from violence, threats, and harassment while performing their duties. As part of this Campaign, the Council of Europe is inviting everyone to support their cause, take action for their enhanced protection, while raising awareness about the importance of safeguarding journalists and their right to report the news freely and without fear.

Visit the "Campaign for the Safety of Journalists" webpage