Defamation vs freedom of speech : an examination of the boundaries of free expression in the context of protecting individual reputation

Abstract

Within the intricate landscape of legal and ethical discourse, there are few concepts which are inherently paradoxical as the delicate balance between defamation and freedom of speech. At the heart of this discourse lies the fundamental tension between the protection of individual reputation and the promotion of unrestricted speech – two pillars that underpin democratic societies. Although individuals have a right to free speech, they are not immune from accountability. This right becomes contentious when it infringes upon other rights, such as the protection of reputation and dignity through false statements with malicious intent. Through delving into different legal frameworks, the author attempts to understand the different interpretations of individual reputation and how it is protected while still maintaining the right of free speech. Defamation laws serve to safeguard personal integrity, however it must be carefully balanced against the broader principle of free speech. This dissertation analyses the challenge which lies in preserving the fundamental right of freedom of speech while ensuring that it does not unjustly infringe upon the rights of others to maintain their personal reputation. As shall be seen in this analysis, striking this delicate balance requires careful consideration of the rights and responsibilities inherent in both principles to foster a democratic society where liberty of expression coexists with respect for individual reputation. Navigating the delicate balance between defamation and the right to free speech requires the careful consideration of different factors, such as truthfulness, the context in which the statement is made and the public interest at stake. This dissertation shall discuss the efforts made by judges and legislators in attempting to filter and accept the limits to free speech for the avoidance of defamation and the protection of personal reputation.