This memorandum is part of a continuing series of human rights
reports prepared by the staff of the Commission on Security and
Cooperation in Europe. Numerous international documents,
including those adopted by the Organization for Security and
Cooperation in Europe (OSCE), establish freedom of expression as
a fundamental right. The right to free speech, however, is not
absolute. Consistent with international law, certain kinds of
speech, such as obscenity, may be prohibited or regulated. When
governments restrict speech, however, those restrictions must be
consistent with their international obligations and commitments;
for example, the restrictions must be necessary in a democratic
country and proscribed by law. Criminal defamation and “insult”
laws are often defended as necessary to prevent alleged abuses
of freedom of expression. They are not, however, consistent with
OSCE norms and their use constitutes an infringement on the
fundamental right to free speech. Criminal Defamation Laws All
individuals, inc