Model Training Materials: Hate Speech, Defamation and National Security • The digital era has significantly exacerbated the problem of “forum shopping” or “libel tourism”, where those bringing defamation cases abusively choose jurisdictions which are most favourable to their claims. This can have a chilling effect on freedom of expression by creating a “lowest common denominator” approach.88 States should consider introducing changes to their domestic jurisdictional rules to mitigate such practices by providing that parties can only sue in jurisdictions where they have suffered substantial harm.89 Public Officials and Politicians Some countries have or have historically had special laws protecting the head of State or other public officials from insult or defamation. So-called “lèse majesté” laws prohibit criticism of the monarch, while desacato laws offer special protection to the head of State, politicians and public officials. These kinds of special protections for public figures breach international law standards governing speech about matters of public interest. As stated by the Human Rights Committee, “in circumstances of public debate concerning public figures in the political domain and public institutions, the value placed by the Covenant upon uninhibited expression is particularly high.” 90 Public figures should not be specially shielded as compared to the average person because their actions are especially likely to impact society more broadly. Accordingly, laws which impose penalties on those who insult public officials are not valid. Imposing heavier sanctions for defamation of such individuals similarly breaches the right to freedom of expression. 91 This principle is strongly established in the jurisprudence of regional human rights courts. The European Court of Human Rights has repeatedly held invalid defamation convictions based on special protections for public officials or leaders Special international mandates on freedom of expression, 2020 Joint Declaration on Freedom of Expression and Elections in the Digital Age, para 9(d), https://bit.ly/3NFVhRu. See also UN Special Rapporteur on freedom of expression, Reinforcing media freedom and the safety of journalists in the digital age, note 85, para. 113. 89 2011 Joint Declaration on Freedom of Expression and the Internet, note 87, para. 4(a); and Committee of Ministers of the Council of Europe, Declaration on the Desirability of International Standards dealing with Forum Shopping in respect of Defamation (“Libel Tourism”), 20 July 2012, para. 9 (citing to the 2011 Joint Declaration). 90 General Comment No. 34, note 43, para. 38. 91 General Comment No. 34, note 43, para. 38; 2021 Joint Declaration on Politicians and Public Officials and Freedom of Expression, note 35, para. 2(b)(iii); Inter-American Declaration of Principles on Freedom of Expression, note 84, Principle 11; and Committee of Ministers of the Council of Europe, Declaration on freedom of political debate in the media, 12 February 2004, para. VI, https://bit.ly/3fGBJju. 88 The Centre for Law and Democracy is a non-profit human rights organisation working internationally to provide legal expertise on foundational rights for democracy. 21