Defamation
| Autor | Richard Wingfield |
| Páginas | 101-103 |
101
Defamation
21 Defamation
Richard Wingfield
This entry: (i) sets out guidance on how the term ‘defamation’
is understood and (ii) provides examples of existing regulatory
responses to defamation.
Guidance on understanding the term ‘defamation’
Defamation is prohibited in the majority of states around the world
(see below); however, there is no universally accepted definition of
the term. Definitions largely coalesce around the communication of
a statement (ordinarily false) about another person that unjustly
harms their reputation. While it is beyond the scope of this glossary
to seek to provide a definitive definition of “defamation”, there are
two critical considerations for policymakers seeking to address
online manifestations of defamation.
First, it is unlikely that a distinct and separate definition of defamation
when it takes place online will be necessary. Instead, existing
definitions of defamation should be reviewed to ensure that they
apply to all forms of defamation, whether offline or online. There
should not be different legal processes, sanctions or remedies relating
to defamation depending on whether it took place offline or online.
Second, any definitions of defamation should be consistent with
international human rights standards, particularly the right to freedom
of expression, as set out in relevant guidance. The then UN Special
Rapporteur on the promotion and protection of the right to freedom
of opinion and expression, Ambeyi Ligabo, provided particularly
useful guidance in 2007, stating that:
A statement can be considered defamatory under
certain specific conditions: it must be published in a
spoken, written, pictured or gestured form. Written
and pictured statements, which include drawings,
video clips, and movies and so on, are considered more
serious offences as they last longer than mere verbal
statements, which are generally defined as slander.
The statement must be false, in the sense that its
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