Defamation

Lore & Background

Defamation is a communication that harms a third party’s reputation and causes a legally actionable injury. Its precise legal definition varies by country, and it is not limited to false statements; it can also involve abstract concepts such as dignity and honour. In English-speaking legal systems, defamation traditionally divides into libel (written, printed, posted online, or published in mass media) and slander (oral speech). It may be treated as a civil wrong, a criminal offence, or both.

Defamation laws can cover a wide range of acts, from general insults against any citizen to specialized provisions targeting public officials, state institutions, state symbols, heads of state, religions (blasphemy), or the judiciary and legislature (contempt of court). The history of defamation law extends back to classical antiquity. Roman law originally confined the remedy for verbal defamation to a civil action for a monetary penalty, but later criminal law expanded to punish many forms of defamation severely. Under Roman emperors, the term libel came to refer specifically to anonymous accusations or pasquils, which were punished harshly regardless of truth.

The Praetorian Edict, codified around AD 130, allowed an action for shouting contrary to good morals, provided the shouting was apt to bring a person into disrepute or contempt. In private defamatory statements, truth was a sufficient defence. In Anglo-Saxon England, slander was punished by cutting out the tongue, and defamation of an aristocrat was called scandalum magnatum. Under international human rights law, the right to a legal remedy for defamation is recognized in Article 17 of the International Covenant on Civil and Political Rights, but this right must be balanced with freedom of expression under Article 19, which permits limitations necessary for respect of the reputations of others.

Reader's Guide

Defamation law's significance lies in its role as a legal mechanism to balance the protection of reputation with freedom of expression. International human rights law, particularly ICCPR Articles 17 and 19, requires that domestic defamation law provide for truth as a valid defence, recognize reasonable publication on matters of public concern, and ensure that defamation is addressed as a tort.

The European Convention on Human Rights permits restrictions on freedom of speech when necessary to protect reputation or rights. The United Nations Human Rights Committee's General comment No. It also recommends that states consider decriminalizing defamation. Despite these frameworks, the worldwide use of criminal and civil defamation to censor, intimidate, or silence critics has been increasing in recent years.