Criminal Defamation in the Commonwealth - a Case for Abolition

Summary

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Background. History. The role of the commonwealth press union. Brief overview of criminal defamation status in select commonwealth countries. Australia. Canada. Commonwealth Caribbean. Nigeria. Conclusion.

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Extract

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Criminal Defamation in the Commonwealth - a Case for Abolition

1. Courts around the world - both national and international - have started to reform defamation law in recognition of the importance of free speech and their obligation to respect constitutional and international guarantees of freedom of expression. Over the past half century, courts have protected freedom of expression by denying certain bodies the right to bring defamation cases, by enhancing the traditional defences, and by limiting the chilling effect of excessive damage awards and criminal sanctions.

2. This paper presents an overview of this jurisprudence and outlines the Commonwealth Press Union's (CPU) campaign to seek the abolition of criminal defamation throughout the Commonwealth.

Background

3. Free expression plays a vital role in the democratic process. Without a free flow of information and ideas, the public cannot formulate opinions about its government, elected officials and other matters of public interest. The media plays a particularly important role, providing the public with information and acting as a watchdog, exposing corruption and inspiring political debate. As the US Supreme Court has noted, "speech concerning public...

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