The Lack of Predictability in True-Statement Criminal Defamation and Its Chilling Effects on Journalism

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Key Points

The research aims to analyze how the combination of criminal defamation laws and legal exceptions creates unpredictability and chilling effects in journalism.
Analysis of legal frameworks surrounding criminal defamation and its implications for journalists.
Exploration of procedural costs associated with criminal proceedings and their effects on journalism practices.
Discussion of potential reforms such as decriminalization and better-defined public interest criteria.
Found that current laws fail to provide journalists with stable prior guidelines, increasing procedural costs.
Demonstrated that fear of criminal charges leads journalists to abandon reporting, dilute content, or withdraw from public discourse.
Identified recommendations for reform, including the decriminalization of certain defamatory acts and establishment of self-regulation mechanisms.

Reveals the unpredictability of criminal defamation's effects on journalism, suggesting implications for legal reforms.

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Junchul Ahn (2026) studied this question.

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