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    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.