Issue 11 (2019)

APPROPRIATENESS OF CRIMINALIZATION OF THE ACT OF DEFAMATION

Abstract: The present article discusses legal nature of defamation, directed against honor, dignity and reputation of a human being. In accordance with the analysis explored by the author, defamation has nothing in common with high values of freedom of speech and expression. Therefore, making this action punishable by law or making penalties more stringent will not have any negative effect on the development of democracy. Based on the analysis of the legislation of 12 European Countries, the author suggests that amendment of the Law of Georgia on “Freedom of Speech and Expression” is necessary in terms of severing the existing sanctions for defamation; furthermore, the failure to execute the court judgment must also be punishable by the Criminal Code. As a conclusion, the author provides certain relevant recommendations on the possible changes in the legislation with this regard.

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