TITLE:
Defamation Law in Ethiopia: The Interplay between the Right to Reputation and Freedom of Expression
AUTHORS:
Yesuneh Aweke Kabtiyemer
KEYWORDS:
Defamation Law, Reputation, Freedom of Expression
JOURNAL NAME:
Beijing Law Review,
Vol.9 No.3,
September
11,
2018
ABSTRACT: This article attempts to explore the unresolved debate on conflicting
relationship between the right to free expression and defamation law that
primarily intended to protect right to reputation. It also shows how far
defamation law has been used to suppress expression and limit access to
information in most countries in general and in Ethiopia in particular. To this
end, the article examines the prevailing trend of manipulating strict
defamation law as a method to make media deliberately inefficient and weak so
that silence and intimidate journalists under the guise of protecting
reputation. Above all, the central theme of this article is to assess whether
or not the existing defamation law of Ethiopia comply with the international
principle that urges decriminalization of defamation law. Toward this,
provisions which govern acts of defamation under Ethiopian Constitution and
other laws to the effect will be scrutinized. Furthermore, this article
suggests how International human right principles should be contextually
adopted to Ethiopia to limit abuse of defamation law. Finally, after a thorough
examination of conflicting interest and the necessary balance between the right
to reputation and freedom of expression under Ethiopian law context, the right
way to deal with defamation law would be suggested.