CCPR/C/GC/34
47.
Defamation laws must be crafted with care to ensure that they comply with
paragraph 3, and that they do not serve, in practice, to stifle freedom of expression.110 All
such laws, in particular penal defamation laws, should include such defences as the defence
of truth and they should not be applied with regard to those forms of expression that are
not, of their nature, subject to verification. At least with regard to comments about public
figures, consideration should be given to avoiding penalizing or otherwise rendering
unlawful untrue statements that have been published in error but without malice.111 In any
event, a public interest in the subject matter of the criticism should be recognized as a
defence. Care should be taken by States parties to avoid excessively punitive measures and
penalties. Where relevant, States parties should place reasonable limits on the requirement
for a defendant to reimburse the expenses of the successful party. 112 States parties should
consider the decriminalization of defamation 113 and, in any case, the application of the
criminal law should only be countenanced in the most serious of cases and imprisonment is
never an appropriate penalty. It is impermissible for a State party to indict a person for
criminal defamation but then not to proceed to trial expeditiously – such a practice has a
chilling effect that may unduly restrict the exercise of freedom of expression of the person
concerned and others.114
48.
Prohibitions of displays of lack of respect for a religion or other belief system,
including blasphemy laws, are incompatible with the Covenant, except in the specific
circumstances envisaged in article 20, paragraph 2, of the Covenant. Such prohibitions must
also comply with the strict requirements of article 19, paragraph 3, as well as such articles
as 2, 5, 17, 18 and 26. Thus, for instance, it would be impermissible for any such laws to
discriminate in favour of or against one or certain religions or belief systems, or their
adherents over another, or religious believers over non-believers. Nor would it be
permissible for such prohibitions to be used to prevent or punish criticism of religious
leaders or commentary on religious doctrine and tenets of faith. 115
49.
Laws that penalize the expression of opinions about historical facts are incompatible
with the obligations that the Covenant imposes on States parties in relation to the respect for
freedom of opinion and expression.116 The Covenant does not permit general prohibition of
expressions of an erroneous opinion or an incorrect interpretation of past events.
Restrictions on the right of freedom of opinion should never be imposed and, with regard to
freedom of expression, they should not go beyond what is permitted in paragraph 3 or
required under article 20.
The relationship between articles 19 and 20
50.
Articles 19 and 20 are compatible with and complement each other. The acts that are
addressed in article 20 are all subject to restriction pursuant to article 19, paragraph 3. As
110
111
112
113
114
115
116
12
Concluding observations on the United Kingdom of Great Britain and Northern Ireland
(CCPR/C/GBR/CO/6).
Ibid.
Ibid.
Concluding observations on Italy (CCPR/C/ITA/CO/5); concluding observations on the Former
Yugoslav Republic of Macedonia (CCPR/C/MKD/CO/2).
See communication No. 909/2000, Kankanamge v. Sri Lanka, Views adopted on 27 July 2004.
Concluding observations on the United Kingdom of Great Britain and Northern Ireland-the Crown
Dependencies of Jersey, Guernsey and the Isle of Man (CCPR/C/79/Add.119). See also concluding
observations on Kuwait (CCPR/CO/69/KWT).
So called “memory-laws”, see communication No. , No. 550/93, Faurisson v. France. See also
concluding observations on Hungary (CCPR/C/HUN/CO/5) paragraph 19.