can be limited in the context of incitement to terrorism. That Joint Declaration
states:
‘The right to freedom of expression is universally recognised as a cherished
human right and to respond to terrorism by restricting this right could facilitate
certain terrorist objectives, in particular the dismantling of human rights.
While it may be legitimate to ban incitement to terrorism or acts of terrorism,
States should not employ vague terms such as ‘glorifying’ or ‘promoting’
terrorism when restricting expression. Incitement should be understood as a
direct call to engage in terrorism, with the intention that this should promote
terrorism, and in a context in which the call is directly causally responsible for
increasing the actual likelihood of a terrorist act occurring’.903
Defamation
23. Reputation is specifically protected in the right to freedom of expression.
Privacy rights also protect it. Any laws on defamation, however, must be
sufficiently certain.904 Defamation laws should include the defence of truth905
and States should avoid excessively punitive measures.906 An applicant’s
prosecution for criminal defamation was held not to violate the right to freedom
of expression because the programme in which they (as it turned out)
unjustifiably criticised the Police Chief, had been transmitted at peak viewing
times and had not sought to balance their assertions in any way. 907
24. Several UN bodies have called on States to decriminalise defamation.908
903
Joint declaration by the UN Special Rapporteur on Freedom of Opinion and Expression, the OSCE
Representative on Freedom of the Media and the OAS Special Rapporteur on Freedom of Expression,
21 December 2005.
904
Human Rights Committee, Communication 727/1996, D Paraga v Croatia, 4 April 2001; See also
concluding observations (Iraq), A/53/40, vol.1, p.21.
905
Concluding Observations on Great Britain and Northern Ireland, Human Rights Committee,
CCPR//GBR/CO/6. European Court, Europapress Holding DOO v Croatia, 22 October 2009.
906
Human Rights Committee, General Comment No.34, CCPR/C/GC/34 (2011), para 47.
Communication 1815/2008, Adonis v Philippines, 26 October 2011; Communication 1128/2002,
Marques de Moraís v Angola, 29 March 2003.
907
European Court, Pedersen & Baadsgaard v Denmark, 17 December 2004.
908
General Comment No.34, CCPR/C/GC/34 (2011), para 47. Concluding Observations on Italy,
CCPR/C/ITA/CO/5. International Mechanisms for Promoting Freedom of Expression, Joint Declaration.
144
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