American approach in that they generally do not consider truth to be an absolute defence in defamation cases. In the United Kingdom, although the crime of libel remains “on the books,” it is rarely prosecuted, in part because procedural rules require private plaintiffs to obtain the leave of a High Court Judge before proceeding.17 Civil law libel actions continue to provide a remedy for aggrieved individuals. Similarly, in Denmark, Norway, the Netherlands and Sweden, criminal defamation laws are almost never invoked against the press, whereas in Austria, Spain, Greece and Turkey, such laws are still frequently used.18 Although France, Germany and Italy have also retained their criminal defamation laws, they are usually interpreted narrowly.19 Article 10 and the European Court for Human Rights (ECHR). Under Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”), freedom of expression is protected as a universal although not absolute, right. According to the Article, [e]veryone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers… The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. 94
BACKGROUND PAPER