Efforts to create more space for free expression in Africa have been strengthened by the Kenyan Judiciary. In the case of Jacqueline Okuta & Anor v. AG & Others, the High Court of Kenya on 6 February 2017 annulled section 194 of the Penal Code that provides for the offence of criminal defamation. Continue reading
The International Forum for Responsible Media Blog
Tag: Criminal Defamation
On Monday 7 December 2015, the Federation of African Journalists (FAJ) and three exiled Gambian reporters filed a legal claim against The Gambia to challenge the pervasive culture of persecution, violence, and injustice towards journalists in The Gambia. The applicants argue that their right to freedom of expression has been violated, including through the use of criminal laws that prohibit criticism to be made of the government. Continue reading
The ANC has dropped a welcome bombshell, saying the law has a chilling effect on free speech. One of the most significant events in the recent South African history of free speech and media law happened last Saturday at a workshop on criminal defamation, arranged by the ANC’s legal research group. Continue reading
In the Chamber judgment in Peruzzi v Italy ([2015] ECHR 629, only in French) handed down on 30 June 2015, the Court of Human Rights dismissed an application under Article 10 by a lawyer who had been convicted of criminal defamation of a judge. The decision is a surprising and retrograde one in the light of the recent Grand Chamber decision in Morice v France (see the Inforrm case comment). Continue reading
On 5 December 2014, the African Court on Human and Peoples’ Rights (the “Court”) delivered its ground breaking judgment on freedom of expression in Lohé Issa Konaté v Burkina Faso (Application No 004/2013 [pdf] (available only in French). It is ground breaking in two distinct respects. Continue reading
Nine years ago, in its landmark Cumpănă and Mazăre v. Romania judgment, a unanimous Grand Chamber laid down a rare absolute rule that prison sentences for defamation are never justified under Article 10 where the defamatory statements concern a matter of public interest. This rule against prison sentences included pardoned, suspended, or conditional sentences, effectively removing from European legislatures and courts the ability to impose such sentences. Continue reading
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