A/HRC/9/25
page 11
“ensure the protection and security of religious groups which may be targeted and which should
be entitled to practice their religions freely and without any obstacles, including those created by
non-State actors” (para. 113).
42. In their first joint declaration in 1999, the Special Rapporteur on the promotion and
protection of the right to freedom of opinion and expression, the OSCE Representative on
Freedom of the Media and the OAS Special Rapporteur on Freedom of Expression noted that
many countries have legislation, such as criminal defamation laws, which unduly restrict the
right to freedom of expression. They encouraged States to review these laws and harmonize them
in accordance with their international obligations.10
43. In their joint declaration made in 2000 they noted that the abuse of restrictive defamation
and libel laws had reached “crisis proportions in many parts of the world”.11 They recommended
minimum standards that should be followed in the development of defamation laws, among
which: (a) the repeal of criminal defamation laws in favour of civil laws should be considered, in
accordance with relevant international standards; (b) no one should be liable under defamation
law for the expression of an opinion; and (c) civil sanctions for defamation should not be so
heavy as to exert a chilling effect on freedom of expression, and should be designed to restore
the reputation harmed, not to compensate the plaintiff or to punish the defendant.
44. The joint declaration made in 2000 also endorsed the ARTICLE 19 document “Defining
Defamation: Principles on Freedom of Expression and Protection of Reputation”, principle 2 of
which, on the legitimate purpose of defamation laws, states that such laws cannot be justified if
their purpose or effect is to protect the “reputation” of objects such as the State, the nation,
religious symbols, flags or national insignia, or on grounds of public order, national security, or
friendly relations with foreign States or Governments.12 The three mandate-holders issued
another joint declaration in 2002, in which they reiterated that “criminal defamation is not a
justifiable restriction on freedom of expression; all criminal defamation laws should be abolished
and replaced, where necessary, with appropriate civil defamation laws”.13
45. On 19 December 2006, the Special Rapporteur on the promotion and protection of the right
to freedom of opinion and expression, the OSCE Representative on Freedom of the Media, the
OAS Special Rapporteur on Freedom of Expression and the Special Rapporteur on Freedom of
Expression of the African Commission on Human and Peoples’ Rights adopted a declaration
which addressed several issues, including freedom of expression and cultural and religious
tensions. The declaration noted that “governments should refrain from introducing legislation
which makes it an offence simply to exacerbate social tensions. Although it is legitimate to
10
http://www.cidh.org/Relatoria/showarticle.asp?artID=141&lID=1.
11
http://www.cidh.org/Relatoria/showarticle.asp?artID=142&lID=1.
12
Article 19, Defining Defamation: Principles on Freedom of Expression and Protection of
Reputation, July 2000.
13
http://www.cidh.org/Relatoria/showarticle.asp?artID=87&lID=1.
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