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Freedom of Expression and the Right to Reputation

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Chapter Summary

Freedom of expression as safeguarded in various constitutional and international law instruments has been developed and expanded by the case-law and the doctrine of western countries in a dynamic and progressive manner in line with the liberal trends and ideas of democracy that have emerged during the years following the Second World War. Freedom of speech is safeguarded under the US Constitution through its First Amendment as follows: ?Congress shall make no law ? abridging the freedom of speech or of the press.? It is submitted that the right to reputation is safeguarded by Article 8 of the Convention as part and parcel of the right to respect for one?s private life. The European Commission of Human Rights has implicitly recognised that attacks on a person?s reputation may constitute a breach of Article 8.

Keywords: Article8; case-law; European Commission of Human Rights; freedom of expression; freedom of speech; international law; right to reputation

10.1163/ej.9789004158832.i-273.90
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