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Human Rights: Group Defamation, Freedom of Expression and the Law of Nations

Human Rights: Group Defamation, Freedom of Expression and the Law of Nations
Author: Thomas David Jones
Publisher: BRILL
Total Pages: 333
Release: 2021-09-27
Genre: Law
ISBN: 9004481672

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In his book Human Rights: Group Defamation, Freedom of Expression and the Law of Nations, Thomas David Jones presents a discussion and analysis of the laws governing group defamation and speech inciteful of racial hatred in Great Britain, Canada, India, Nigeria, and the United States. Although there exists no federal group defamation law in the United States, a few state legislatures have promulgated group defamation statutes, while a cause of action for group defamation has been recognized as justiciable in the decision law of other states. Mr Jones describes his theory as constitutional minimalism because he does not advocate the legal proscription of all derogatory hate speech. Only the sub-category of hate speech that fulfills the standard elements of proof found in common law defamation claim will be prosecuted criminally by the federal government. The author further asserts that a carefully and narrowly drafted federal criminal group defamation statute will pass constitutional muster without creating a conflict with First Amendment rights.


Protecting the right to freedom of expression under the European Convention on Human Rights

Protecting the right to freedom of expression under the European Convention on Human Rights
Author: Bychawska-Siniarska, Dominika
Publisher: Council of Europe
Total Pages: 124
Release: 2017-08-04
Genre: Political Science
ISBN:

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European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.


Freedom of Expression and Defamation

Freedom of Expression and Defamation
Author: Council of Europe
Publisher:
Total Pages: 70
Release: 2016-09-13
Genre:
ISBN: 9789287182500

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Freedom of expression is a fundamental freedom, one of the cornerstones of democracy in Europe, enshrined in various key texts, including the European Convention on Human Rights. But the boundaries between freedom to criticise and damaging a person's honour or reputation are not always very clear. By defining public insults and defamation, the law can set limits on freedom of expression, which is neither absolute nor boundless. But how far can it go? This study examines the details of the European Court of Human Right's case law on defamation. It explores a range of substantive and procedural issues that the Court has considered, and clarifies the concept of defamation, positioning it in relation to freedom of expression and public debate. It explains how overly protective defamation laws can have a chilling effect on freedom of expression and public debate, and discusses the proportionality of defamation laws and their application.


Regardless of Frontiers

Regardless of Frontiers
Author: Agnes Callamard
Publisher: Columbia University Press
Total Pages: 297
Release: 2021-02-09
Genre: Language Arts & Disciplines
ISBN: 0231551924

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The United Nations’ Universal Declaration of Human Rights in 1948 proclaimed a vision of freedom of expression exercised regardless of frontiers. Nonetheless, laws and norms regarding the freedom or limits of expression are typically established and understood at the national level. In today’s interconnected world, newfound threats to free expression have suddenly arisen. How can this fundamental right be secured at a global level? This volume brings together leading experts from a variety of fields to critically evaluate the extent to which global norms on freedom of expression and information have been established and which actors and institutions have contributed to their diffusion. The authors also consider ongoing and new challenges to these norms, from conflicts over hate speech and the rise of populism to authoritarian governments, as well as the profound disruption introduced by the internet. Together, the essays lay the groundwork for an international legal doctrine on global freedom of expression that considers issues such as access to government-held information, media diversity, and political speech. As the world risks renouncing previous commitments to the freedom of expression, Regardless of Frontiers serves as a timely reminder of just how much is at stake and what needs protecting.


Group Defamation and Freedom of Speech

Group Defamation and Freedom of Speech
Author: Monore H. Freedman
Publisher: Praeger
Total Pages: 392
Release: 1995-05-30
Genre: Law
ISBN:

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Examines the issue of group defamation from a variety of perspectives.


Defamation and Freedom of Speech

Defamation and Freedom of Speech
Author: Dario Milo
Publisher: Oxford University Press, USA
Total Pages: 394
Release: 2008-02-14
Genre: Language Arts & Disciplines
ISBN:

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The book examines the law of defamation, and argues that it must be reformed in a number of ways in order to balance two important constitutional rights, the right to reputation and the right to freedom of expression. The book analyses how far the media and others should be entitled to go in reporting on important matters of public interest in society, such as corruption and misconduct in public office. It also examines where the line should be drawn between a public figure's public and private life.


SLAPPs

SLAPPs
Author: George William Pring
Publisher: Temple University Press
Total Pages: 300
Release: 1996
Genre: Law
ISBN: 9781566393690

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In a democracy that for over 200 years has prided itself on public participation and citizen involvement in government, thousands have been and will be the targets of multi-million-dollar lawsuits. They will be sued for such "all-American" activities as circulating a petition, writing a letter to the editor, testifying at a public hearing, reporting violations of the law, filing an official complaint, lobbying for legislation, or otherwise communicating their views. Such cases, named "Strategic Lawsuits Against Public Participation," with their apropos acronym, SLAPPs, are a shocking abuse of one of our most basic political rights - the Right to Petition. So extensive and grievous is the phenomenon that Justice Nicholas Colabella remarked, "Short of a gun to the head, a greater threat to First Amendment expression can scarcely be imagined."George W. Pring and Penelope Canan explore the full range of SLAPP stories in this first study of SLAPPs - retaliatory lawsuits by real estate developers; teachers; police; politicians; opponents of civil rights; consumers' rights; women's rights; and many others. This comprehensive book examines what happens to the targets of SLAPPs and what is happening to public participation in American politics. Addressing the ultimate dilemma - what can be done to turn the tables and fight back - Pring and Canan offer concrete, well-supported, balanced solutions for preventing, managing, and curing SLAPPs at all levels of government. Author note: George W. Pring is Professor of Law at the University of Denver. >P>Penelope Canan is Associate Professor of Sociology at the University of Denver. They are the co-directors of the Political Litigation Project at the University of Denver.


Defining Defamation

Defining Defamation
Author: Article 19 (Organization)
Publisher:
Total Pages: 20
Release: 2000
Genre: Freedom of information
ISBN: 9781902598253

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Special Issue: Human Rights

Special Issue: Human Rights
Author: Austin Sarat
Publisher: Emerald Group Publishing
Total Pages: 243
Release: 2011-08-03
Genre: Law
ISBN: 1780522533

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Presents advanced scholarship on human rights. This work examines both the theoretical dimensions and dilemmas of human rights in the modern world and particular cases in which the problems and possibilities of human rights are examined.


Public service broadcasting

Public service broadcasting
Author: Mendel, Toby
Publisher: UNESCO
Total Pages: 100
Release: 2013-12-31
Genre:
ISBN: 9231042041

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