Public official as a victim of criminal insult and defamation: Comparative Research

Abstract

The paper analyzes various issues relating to criminal liability for insulting and defaming a public official in several jurisdictions. The objective of this study was to clarify, by comparative reference to the criminal laws of various countries, whether insult and defamation constitute a crime or are perceived as non-criminal conduct. Based on the provisions of criminal legislation and international case law, as well as the case law of the European Court of Human Rights, the fine line between the fundamental principle of freedom of expression and abusive insults (defamation) has been demonstrated. It has been concluded that both public officials and private citizens can be victims of defamation and insult, which can give rise to criminal liability in some states. The specific models of such liability differ significantly. Based on our analysis of legislative and enforcement approaches in various jurisdictions, it is concluded that some countries vigorously protect both public officials and lay citizens from insult and defamation, while other states rely more on the broad principle of “freedom of expression”.