will allow the UK to take a lead in challenging similar laws in other countries, where
they are used to suppress free speech.”
In the case of Kimel v. Argentina, judgement of the IACHR of May 2, 2008 the Inter
American Court examined whether criminal proceedings of defamation against an
Argentinian accused violated Article 13 of the Convention on freedom of thought
and expression.
It focused on the principles of proportionality to conclude that the
violation of the applicant’s freedom of thought and expression had been overtly
disproportionate
The African Court on Human and Peoples’ Rights in Issa Konate v. The Republic
of Burkina Faso, Application No. 004/2013 ordered Burkina Faso to repeal its
provisions on criminal defamation, and pointed out that:
In order to consider the need for a restriction on freedom of expression, the Court
notes that such a need must be assessed within the context of a democratic society,
it also notes
that this assessment
must ascertain
whether
proportionate measure to achieve the set objective, namely,
that restriction
is a
the protection of the
rights of others.
.... The Court is of the view that freedom of expression in a democratic society must
be the subject of a lesser degree of interference when it occurs in the context of
public debate relating to public figures.
Consequently, as stated by the Commission,
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