Module 5: Defamation
Modules on Litigating Freedom of Expression and Digital Rights in South and Southeast Asia
- Defamation is frequently used to unjustly stifle dissent. However, it can provide a genuine remedy for those whose reputations are harmed by the statements or actions of others.
- Criminal defamation is generally considered to be disproportionate under international law. Even civil defamation is often punished too harshly, going beyond just righting the wrong that was committed.
- Truth is a core defence against defamation claims.
- Some types of speech should not be subject to defamation actions, such as opinions and satire.
- The growth of SLAPP[footnote]Strategic Lawsuits Against Public Participation.[/footnote] suits by corporate actors using defamation laws to silence or intimidate those who criticise them is a concerning contemporary development that needs to be addressed.