Criminal Defamation's Conflict with Democratic Principles Incompatibility with Democratic Debate • The article discusses why criminal defamation is seen as incompatible with democratic debate. • It argues that criminal defamation laws—which allow prison terms for statements harming someone's reputation—are disproportionate and stifle free speech in a democracy. • Many democracies have moved away from criminal penalties for defamation, preferring civil remedies like monetary compensation, as punishment by imprisonment is seen as excessive and unnecessary. Intimidation and Free Speech • Criminal defamation laws can intimidate critics, journalists, and political opponents, suppressing public discourse and democratic debate. - Civil defamation laws are sufficient to protect reputations, allowing parties to seek compensation without risking imprisonment. - International bodies and many European countries recommend abolishing criminal defamation or, at the very least, not using im...
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