Centre for Communication Governance at NLU delhi
Literature from the International Context

Christopher J. Kunke, Rome II and Defamation: Will the tail wag the dog? 19 Emory International Law Review 1733 (2005) Open Access]

This Article explores the effects of the European unification of conflict-of-laws rules under Rome II and re-examines the particular choice-of-law tension that defamation poses. It also discusses the legislation’s potential impact on English law, and concludes that a balance between flexibility and certainty is required.

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Article 19, International and Comparative Standards on Defamation, Briefing Note, February 2004 [Open Access]

This Briefing Note provides an overview of pertinent international freedom of information standards that directly relate to defamation. It draws on international and comparative jurisprudence, as well as authoritative standard-setting statements by international bodies.

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CDMSI, 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, 2012

This report, prepared by the secretariat of the Steering Committee on Media and Information Society (CDMSI) of the European Council, investigates, among other things, the case-law of the European Court of Human Rights (“the Court”) on freedom of expression in the context of defamation cases and reviews Council of Europe and other international standards on defamation. It contains information on the legal provisions on defamation in various Council of Europe member states. It also attempts to identify trends in the development of rules on defamation, both in national legal systems and in international law.

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Human Rights Committee, Communication No. 1815/2008, 10 January 2011

In this case, the Human Rights Committee recalled that General Comment 34 of the ICCPR urged member States to consider the decriminalization of defamation, and in case, that the application of criminal law must be countenanced only in most serious of cases and imprisonment was never an appropriate penalty. The Committee held that the imprisonment of a radio broadcaster for allegedly defamatory statements to be excessive.

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Stijn Smet, Freedom of Expression and the Right to Reputation: Human Rights in Conflict, 26(1) American University International Law Review 183 (2010) [Open Access]

This article examines the conflict between Freedom of Speech and Right to Reputation, particularly analysing the legal reasoning of the European Court of Human Rights’ with regard to the conflict between these human rights. After a comprehensive study of the cases decided by the ECtHR, the article identifies the various doctrines evolved by the Court in order to solve this conflict. However, the paper concludes that the Court’s legal reasoning suffers from a lack of clarity, consistency, and transparency.

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Jo M. Pasqualucci, Criminal Defamation and the Evolution of the doctrine of Freedom of Expression in International Law: Comparative Jurisprudence of the Inter American Court of Human Rights, 39 Vanderbilt Journal of Transnational Law 379 (2006) [Restricte

The Article critiques the contributions made by the Inter-American Court of Human Rights to the growing international jurisprudence on freedom of expression. It analyses the Inter-American Court’s case holdings in light of the jurisprudence of the European Court of Human Rights and the U.N. Human Rights Committee.

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Adrienne Stone & George Williams, Freedom of Speech and Defamation: Developments in the Common Law World, 26(2) Monash University Law Review (2000) [Open Access]

This comment traces the relationship between freedom of speech and the common law of defamation in India, Australia, South Africa, Canada, the United Kingdom and New Zealand. A central theme is the treatment of the iconic decision of the United States Supreme Court in New York Times v Sullivan. This comment shows that while the use of foreign precedent by judges in common law countries is widespread, the use of such precedent is, in the main, not uncritical.

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Northern Ireland, Report of the Legal Advisory Group on Defamation, March 2003 [Open Access]

This report was drafted by the Ireland Government and provided a series of recommendations to overhaul the outdated Defamation Act, 1961 and to bring the law in line with that of other States.

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Article 19, Submission on the Report of the Legal Advisory Group on Defamation

In this submission, Article 19 has critiqued the Report of the Legal Advisory Group on Defamation.

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United Kingdom Ministry of Justice, Draft Defamation Bill: Consultation Paper, (2011) [Open Access]

The draft Defamation Bill and accompanying consultation paper contain provisions reforming the law to strike the right balance between protection of freedom of speech and protection of reputation in the United Kingdom.

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