Defamation Before the European Court of Human Rights: Addressing Illiberal Practices Within the Free Marketplace of Ideas

This paper examines the tension between freedom of expression and reputation protection, focusing on the misuse of defamation laws by public authorities and state-owned entities. It highlights a significant shift in the European Court of Human Rights’ (ECtHR) adjudication, particularly with the landmark ooo Memo v Russia ruling, which established that civil defamation proceedings initiated by public bodies lack a legitimate aim under Article 10(2) of the European Convention on Human Rights. This novel approach narrows the margin of appreciation for national authorities, equipping domestic courts to mitigate the chilling effect of slapp s and counter illiberal practices. Using Polish case studies, the paper explores how these developments can reshape domestic defamation regimes and concludes that the ECtHR’s evolving strategy reflects its meta-function of shaping a coherent European framework for human rights.