Document details

The "misuse" of the judicial system to attack freedom of expression: Trends, challenges and responses

Paris: UNESCO (2022), 16 pp.

Series: World Trends in Freedom of Expression and Media Development

CC BY-SA

Other editions: also published in Arabic, Chinese, French, Italian, Portuguese, Russian and Spanish

"The gradual trend toward the decriminalization of defamation is slowing down, with 160 states still not having decriminalized defamation. The use of criminal defamation offences to restrict online expression has increased worldwide. Several States have harshened or reintroduced provisions on libel, defamation and insult by stating new laws intending to address cybersecurity, 'fake news' and hate speech. Expanded use of civil defamation often leads to disproportionate damages that have a chilling effect on freedom of expression and journalists' work. There has been a rise in abusive practices such as 'forum shopping' and SLAPPs by powerful actors that want to silence critical voices and undermine scrutiny. There have been emerging challenges linked to online communications, including increased vulnerability of journalists, artists, human rights defenders and bloggers. Jurisprudence of international courts has reaffirmed that the speech about public officials is specially protected and must receive a proportional treatment under civil law." (Key trends)
1 Introduction, 2
2 Applicable international standards and stepping-stones in the campaign for the decriminalization of defamation and other press offences, 3
3 The impact of criminal defamation laws, 7
4 Trends and Challenges, 8
5 Gender and diversity-related considerations, 14
6 Recommendations, 15