Defamation and ‘Insult’: Writers React 2006 – 2008
In November 2006 International PEN launched a campaign in defence of nearly a hundred writers and journalists around the world who were in prison or facing custodial sentences for alleged defamation or ‘insult’.
PEN issued a report that provides an overview of its concerns around the use of criminal defamation and insult laws to curtail legitimate comment. It also provided an overview of the application of such laws in each world region.
It called for the repeal of laws that treat defamation as a criminal, rather than a civil, offence, and argues that the term ‘insult’ is too vague to have any legal standing as a charge and should thus be scrapped from penal codes entirely.
Over 18 months PEN issued six reports, each focussing on a different aspect of the problem. These reports were accompanied by recommendations for actions by PEN Centres world wide, including lobbying governments, publicising concerns and support to individuals arrested and tried under these laws. Read a selection of the reports on the Campaign Resources page.
Defamation and ‘Insult’ case studies
In December 2007, the first of the country focuses reports was issued, where writer and translator, Maureen Freely, looks at the history and application of insult laws in Turkey where numerous writers were on trial for writings that were seen to be insulting to the Turkish state and its institutions.
These laws had brought even internationally renowed writers such as Orhan Pamuk and before the law courts, and the application of which had brought them to the attention of ultra nationalist groups, with, as was proven with the tragic murder in January 2007 of Hrant Dink, fatal results.
Defamation in Egypt
In April, the report Defamation in Egypt Today by Trevor Mostyn, a member of English PEN and a consultant and writer on the Middle East, explores the use of defamation laws in Egypt. It looks first at the case of the trial against Saad Eddin Ibrahim, a professor whose insult case was eventually quashed.
The report then comments on the legal system that has come under scrutiny and the libel charges that have been levied in recent years. It closes with reference to a current case, that of Internet writer, Abdel Kareem Nabil Suleiman.
In July, the fourth in the series of reports focussed on the situation in Mexico, this time centring on the case of the courageous writer and investigative journalist, Lydia Cacho, who had a year-long struggle with the Mexican courts before being acquitted in January 2007 of charges of defamation in her writings on child prostitution.
The report provides a transcript of her speech where she describes the attacks and her struggle with the Mexican justice system.
Defamation in the European Union
A study by PEN revealed eleven countries in the EU that have laws that penalise insult to the state, state institutions or royal families.
PEN concludes that such laws needed to be eradicated outright not only to counter accusation of double standards that undermine Western governments calls for change elsewhere, but also because such “dead” laws can be resuscitated when governments think convenient.
Mohamed Abbou: Africa Region
This January 2008 report looks at how criminal defamation legislation is used in Africa to silence print journalists who criticise powerful individuals or bodies, particularly those connected with governments, or who investigate and report on state corruption and mismanagement.
It takes a closer look at four African countries where current use of criminal defamation laws is particularly rife – Democratic Republic of Congo, Ethiopia, Senegal and Tunisia – and shows how such laws can impact on individual journalists. The report also provides an overview of the wider movement pushing to decriminalise defamation in Africa.
