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foundation or formulated in bad faith. It may be noted that the ECtHR stressed
the role of the criminal law in guaranteeing public order; this is quite a different
interest than protecting reputations.
ARTICLE 19 argues that all criminal defamation laws breach the guarantee of
freedom of expression. However, in recognition of the fact that many countries do
have criminal defamation laws which are unlikely to be repealed in the very near
future, it has suggested interim measures to attenuate their impact until they are
abolished:
1.
2.
The offence of criminal defamation shall not be made out unless it has
been proven that the impugned statements are false, that they were made
with actual knowledge of falsity, or recklessness as to whether or not they
were false, and that they were made with a specific intention to cause harm to
the party claiming to be defamed;
3.
4.