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MORICE v. FRANCE JUDGMENT
work on this question and in the light of the Court’s case law, a draft recommendation
to member states laying down detailed rules on defamation with a view to eradicating
abusive recourse to criminal proceedings.
...”
62. The response of the Committee of Ministers, adopted at the 1,029th
meeting of the Ministers’ Deputies (11 June 2008), reads as follows.
“1. The Committee of Ministers has studied Parliamentary Assembly
Recommendation 1814 (2007) entitled ‘Towards decriminalisation of defamation’
with great attention. It has communicated the recommendation to the governments of
member states as well as to the Steering Committee on the Media and New
Communication Services (CDMC), the European Committee on Crime Problems
(CDPC), the Steering Committee for Human Rights (CDDH) and the Council of
Europe Commissioner for Human Rights, for information and possible comments.
The comments received are contained in the appendix.
2. By decision of 24 November 2004, the Committee of Ministers instructed the
Steering Committee on Mass Media (CDMM), which subsequently became the
Steering Committee on the Media and New Communication Services (CDMC), inter
alia, to look into ‘the alignment of laws on defamation with the relevant case law of
the European Court of Human Rights, including the issue of decriminalisation of
defamation’. It took note of the reply received in September 2006 and of the fact that
the CDMC considered it desirable that member states should take a proactive
approach in respect of defamation by examining, even in the absence of judgments of
the European Court of Human Rights concerning them directly, domestic legislation
against the standards developed by the Court and, where appropriate, aligning
criminal, administrative and civil legislation with those standards. In the abovementioned document, the CDMC also considered that steps should be taken to ensure
that the application in practice of laws on defamation fully complies with those
standards.
3. The Committee of Ministers endorses this view, as well as the Parliamentary
Assembly’s call on member states to take such measures, with a view to removing all
risk of abuse or unjustified prosecutions.
4. Bearing in mind the role of the European Court of Human Rights in developing
general principles on defamation through its case law and its power to adjudicate
claims of violations of Article 10 in specific cases, the Committee of Ministers does
not consider it advisable at this point in time to develop separate detailed rules on
defamation for member states.
5. Finally, the Committee of Ministers considers that there is no need at present to
revise its Recommendation No. R (97) 20 on hate speech or to prepare guidelines on
this subject. More efforts could instead be made by member states to give the
recommendation more visibility and to make better use of it.”
F. Judgment of the International Court of Justice (ICJ) of 4 June
2008 in the case of Djibouti v. France
63. In its judgment of 4 June 2008 in the case concerning Certain
Questions of Mutual Assistance in Criminal Matters (Djibouti v. France),
the ICJ noted that it was not its task to determine the facts and establish