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, 45

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