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36 Va. J. Int'l L. 933 (1995-1996)
Anglicizing Defamation Law in the European Union

handle is hein.journals/vajint36 and id is 945 raw text is: Anglicizing Defamation Law in the European Union DOUGLAS W. VICK- AND LINDA MACPHERSON** I. INTRODUCTION A society's defamation laws reflect the relative weight that soci- ety assigns to certain fundamental but conflicting values.' On the one hand, these laws represent a commitment to protect the dignity of the individual against insult and scurrilous attacks. They provide a peaceful means for individuals to obtain vindication and compen- sation for reputational harms and attendant pecuniary losses and emotional distress. Moreover, they can be a mechanism for pun- ishing and deterring reckless news reporting. On the other hand, overprotective defamation laws can deter legitimate investigative journalism, inhibit free discussion, and discourage criticism of gov- ernmental policy and policymakers. If the media are given little leeway for honest error, or are paralyzed by the fear that anything reported could result in costly and complex litigation, they can fall victim to timidity and self-censorship, jeopardizing the right of the citizenry to be informed of matters of public interest. Member states of the European Union have devised different approaches to balancing these competing interests, each anchored in their distinctive histories and traditions. Because different states order their legal and constitutional structures to achieve disparate goals, the application of one country's defamation laws to publish- ers located in another may undermine the policies of the pub- * Lecturer in Business Law, University of Stirling, Scotland, and Visiting Fellow, Stirling Media Research Institute. ** Lecturer in Business Law, Heriot-Watt University, Scotland. 1. See Frederick Schauer, Social Foundations of the Law of Defamation: A Comparative Analysis, 1 J. Media L. & Prac. 3, 3-4 (1980).

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