|
ARTICLE 19 Mapping Tool
reveals Widespread Use of Criminal Defamation Laws
ARTICLE 19, the
London-based Global Campaign for Free Expression on December 11 launched
a global mapping tool that reveals the widespread use of criminal
defamation and other insult laws around the world as well as
unacceptable numbers of people imprisoned under the provisions of these
legislation.
The global mapping
revealed that at least 146 journalists and writers have received
custodial sentences while countless others have been charged or are
facing trials with possible imprisonment or large fines under criminal
or civil defamation law.
Of the 168 countries
surveyed, 158 have criminal defamation laws, meaning that 94% of the
world's countries are subjected to laws that human rights defenders the
world over have condemned as inappropriate, abusive, and misused.
One hundred and thirteen
countries have special laws offering special protection to the most
powerful and privileged figures in public life. These laws shield public
figures from criticisms and investigation by virtue of the power they
hold in society eating at the very heart of global efforts to promote
good governance and combat corruption.
The tools show that 10
countries have eliminated criminal defamation laws and a further 9 have
done away with imprisonment as a penalty for defamation. The successful
State leaders of this small, fragmented movement for defamation reform
can be found in such countries as Ghana, Mexico, Sri Lanka and in a
number of Eastern European countries namely Bosnia and Herzegovina,
Estonia, Georgia and Ukraine.
The report cited four
cases of the hundreds of journalists, writers, human rights defenders
and others that have faced charges for defamation since January 2005 to
include Howaida Taha, al Jazeera journalist who was sentenced in
absentia on 2 May 2007 by al Nozha Felonies Court in Egypt to six months
in prison and hard labour for "possessing and giving pictures and
recorded material that undermine the image of the country..."; Her crime
was that she made a documentary on torture in Egypt.
Francisco Vivanco Riofrío,
the President of the daily newspaper La Hora who asserted that Ecuador's
President, Rafael Correa ruled "with turmoil, rocks and sticks",
following violence in the street in the midst of a referendum is facing
up to 2 years imprisonment for publishing the editorial. The President
claimed the assertion was defamatory and of "moral damage" to his
reputation.
Rojda Kizgin, a reporter
for pro-Kurdish News Agency Dicle (DICA) is currently being tried under
Article 301 (2) of the Turkish penal code for 'degrading the state's
military and security forces' for reporting in 2005 that soldiers were
using grenades for fishing, and damaging the environment.
In Senegal, the newspaper
Walf Grand-Place which reported that a model of car sold by Matforce, a
Hyundai dealership, was defective was sentenced to an exorbitant fine of
10 million CFA Francs or US$21,000 while two of its journalists, Faydy
Drame and Jean Meissa Diop, reporter and editor-in-chief respectively,
were sentenced to 6 months prison with bail.
ARTICLE 19's defamation
mapping tool reveals the unacceptable and widespread use of outdated and
destructive laws that through enforced silence and imprisonment, stifle,
censor and suppress freedom of expression.
Defamation has long been
denounced by human rights defenders and freedom of the press activists
as a grave threat to freedom of expression, yet, there has been little
comprehensive or cross-comparative information available for global
campaigning. ARTICLE 19's defamation mapping tool plugs this gap,
offering a user-friendly web tool that demonstrates the true and global
extent of the problem by way of visual maps connected to campaigning and
advocacy actions. It is interactive and allows users to share
information about new cases, changes in laws, and campaigning successes,
thus building a global movement against abusive defamation.
Dr Agnès Callamard,
Executive Director of ARTICLE 19 said "On this day, alike all others,
journalists, human rights defenders, political opponents, and other
citizens will be forced to mark Human Rights Day in prison merely
because they have reported on abuse of power, or corruption, or
criticised a public figure. Countless others will refrain from speaking
out about issues of concern for fear of a similar fate. Defamation, both
civil and criminal, is one of the greatest threats to freedom of
expression in the world today. It is a global problem that requires
global action".
ARTICLE 19's list is not
exhaustive. There are gaps caused by impeded communication, censorship
and fear of the consequences of disclosure. The actual number of people
affected by abusive defamation is therefore likely to be much greater.
The defamation mapping tool can be accessed at the following link:
http://www.article19.org/advocacy/defamationmap/map/
|
