By the same token, a sanction such as this is liable to hamper the press in performing
its task as purveyor of information and public watchdog.
In New York Times vy Sullivan 376 U.S 254 (1964) Brennan, J. observed that:
...erroneous statement is inevitable in free debate, and that it must he protected if
the freedoms of expression are to have the “breathing space” that they need .... to
survive
See elso Castells v. Spain, Application No, 11798/85, ECHR decision of 24 April
1997,
where the court while ruling that the applicant’s right to free speech had been
violated, held that:
...the dominant position which the Government occupies makes it necessary for it to
display restraint in resorting to criminal proceedings, particularly where other
means are available for replying to the unjustified attacks and criticisms of its
adversaries or the media.
In Sullivans case (supra) Brennan, J. went on to hold that: “A rule compelling the
critic of official conduct to guarantee the truth of ail his factual assertions — and to
do so on pain
of libel judgments
comparable “self-censorship.”
virtually unlimited in amount
— leads to a
Allowance of the defense of truth, with the burden
of proving it on the defendant, does not mean that only false speech will be deterred.
Even courts accepting this defense as an adequate safeguard have recognized the
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