Defamation: criminalization of freedom of expression

Abstract

The right to freedom of expression, as guaranteed by the Article 10 of the European Convention of Human Rights, is one of the most fundamental elements for the perseverance of democracy and further development of the society. However, the significance of the same degree is also afforded to the right to private life and reputation, which can be found to be protected by the Article 8 of the respective Convention. This thesis will argue that particularly these two rights have to be balanced out in order to create a comprehensible law that is able to efficiently tackle defamation, while at the same time not disproportionately restrict the free flow of information and ideas.