Reputation, Freedom of Expression, and Social Media

Abstract

The charge of defamation pits two fundamental rights against one another. On the one hand, all individuals are guaranteed freedom of expression. This is a provision of both the United States constitution and the European Convention on Human Rights (ECHR). On the other, however, it is generally believed that individuals have a right to reputation as well. In Article 10 of the ECHR, it even explicitly states that the right to freedom of expression is curtailed in cases where it might damage another’s rights or reputation. There are many easily imaginable scenarios, however, in which freedom of expression should trump right to reputation, such as when disclosing sensitive information may save lives or be of special public interest. At the same time, there is a risk that this could become a slippery slope to navigate in terms of deciding when it is justified to sacrifice reputation.