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Below is a summary of the key Inter-American Court of Human Rights (“IACtHR”) decisions rendered on issues of criminal defamation since 2001. Although holdings from the IACtHR are not controlling in all jurisdictions in the Americas, they provide useful guidance on this type of case and set important precedents for further application of the laws…
Contents Critics Are Not Criminals: Comparative Study of Criminal Defamation Laws in the Americas I. Canada A. Criminal Laws Restricting Freedom of Expression Despite frequent criticism and infrequent application, Canada’s Criminal Code continues to contain provisions criminalizing both blasphemous libel15 and defamatory libel.16 Section 298(1) of the Code describes “defamatory libel” as a “matter published,…
Laws that permit journalists to be prosecuted criminally for the content of their reporting are considered to present a hazard to freedom of the press and to the right of citizens to be informed. As the Inter-American Commission on Human Rights (“IACHR”) described in its 1994 Annual Report, such laws have an “inevitable chilling effect…
Contents Critics Are Not Criminals: Comparative Study of Criminal Defamation Laws in the Americas I. Belize A. Criminal Laws Restricting Freedom of Expression 1. Libel and Defamation According to the Belize Libel and Defamation Act, a criminal prosecution of “any proprietor, publisher, editor or any person responsible for the publication of a newspaper for any…
Contents Critics Are Not Criminals: Comparative Study of Criminal Defamation Laws in the Americas I. Antigua and Barbuda A. Criminal Laws Restricting Freedom of Expression Defamation remains a criminal offence in Antigua and Barbuda under the Libel and Slander Act, which dates to 1876 and was last updated in 1976. The Act, which governs both…
Contents Critics Are Not Criminals: Comparative Study of Criminal Defamation Laws in the Americas I. Argentina A. Criminal Laws Restricting Freedom of Expression Argentina’s Law 26.551 of November 2009 amended articles 109 to 117 of the Criminal Code to eliminate criminal sanctions for libel and slander, replacing them with monetary penalties. 1. Libel Libel consists…
CPJ releases comparative study of criminal defamation laws in the Americas Lima, Peru, March 2, 2016–An alarming resurgence in the use of outdated criminal defamation provisions to target critical journalists across Latin America represents a danger to freedom of expression in the region, according to a new report released today by the Committee to Protect…
CPJ will participate in the Internet Freedom Festival, a conference that creates a common space for diverse communities who are working against and affected by censorship and surveillance. The conference is place where those groups can come together to teach, plan and act.
New York, March 1, 2016–The Committee to Protect Journalists condemns the action taken against the privately owned channel IMC TV after Turkey’s largest satellite provider dropped its signal permanently on Friday.
New York, February 29, 2016–The Committee to Protect Journalists is deeply concerned by the deteriorating climate for the press in the central Indian state of Chhattisgarh and calls on authorities to ensure that journalists can work there without fear of intimidation. In recent weeks, two journalists have fled the district of Bastar out of concern…