The “misuse” of the judicial system to attack freedom of expression: Trends, Challenges and Responses

In this document, Rosario Soraide for UNESCO notes that there has been a gradual trend towards decriminalising defamation, with 160 countries who have not criminalised it. However, The use of criminal defamation offences to restrict online expression has increased worldwide.

Several States have enacted laws to address cybersecurity, "fake news" and hate speech, which have had a chilling effect on freedom of expression and journalists' work. There has also been a rise in abusive practices such as "forum shopping" and SLAPPs, which have increased the vulnerability of journalists, artists, human rights defenders and bloggers. International courts have reaffirmed that speech about public officials is specially protected and must receive a proportional treatment under civil law.