‘For the Protection of the Reputation or Rights of Others’: The European Court of Human Rights’ Interpretation of the Defamation Exception in Article 10(2)

Communication Law and Policy, 11(1) (2006)

46 Pages Posted: 10 Jul 2012

See all articles by Dan Kozlowski

Dan Kozlowski

Saint Louis University - Department of Communication; Saint Louis University - School of Law

Date Written: Winter 2006

Abstract

Legal observers have praised the European Court of Human Rights’ defamation case law as an example to be emulated in international law. Yet scholars who have studied the court’s defamation jurisprudence have focused primarily on a handful of the court’s noteworthy cases. A broader examination of the court’s entire body of defamation case law provides a complete picture of the court’s defamation jurisprudence. The ECHR’s defamation case law has come increasingly to mirror principles of common law and United States First Amendment law. Although the ECHR has produced some commendable judgments protecting speech critical of governments and politicians, it has developed a hierarchy of protected expression that leaves other expression vulnerable to restriction. Further, even though the court has condemned several specific criminal defamation prosecutions, it has failed to strike down, and has expressly condoned, criminal defamation in general.

Keywords: European Court of Human Rights, defamation, international law

Suggested Citation

Kozlowski, Dan, ‘For the Protection of the Reputation or Rights of Others’: The European Court of Human Rights’ Interpretation of the Defamation Exception in Article 10(2) (Winter 2006). Communication Law and Policy, 11(1) (2006), Available at SSRN: https://ssrn.com/abstract=2103321

Dan Kozlowski (Contact Author)

Saint Louis University - Department of Communication ( email )

St. Louis, MO 63108
United States

Saint Louis University - School of Law ( email )

100 N. Tucker Blvd.
St. Louis, MO 63101
United States

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