DECRIMINALIZATION OF DEFAMATION – SUPREMACY THE FREEDOM OF EXPRESSION TO THE RIGHT OF HONOR AND DIGNITY

Abstract

We analyzed the reasons and consequences of decriminalization of defamation in the criminal legislation of Republic Serbia. Examples of comparative law shows that it was possible amendments to legal provisions and practices prevent the occurrence of violation of freedom of expression (violation of Article 10 of the European Convention on Human Rights and Freedoms). Decriminalization of libel the question arises as to sufficiency of civil law protection of honor and dignity. The author analyzes the judgments of the European Court of Human Rights in witch the whole amount of damages assessed as unbalanced state interference with freedom of expression and notes that these guidelines and attempts to separate legisation to prescribe additional criteria for estimating the amount of damage indicate supremacy of the right to freedom of expression in relation the protection of honor and dignity.