WORD CRIMES IN DIGITAL WORLD

DEFAMATION AND FREEDOM OF SPEECH

Abstract

Freedom of expression is a fundamental human right, enshrined in Article 19 of the Universal Declaration of Human Rights. Unfortunately  , that freedom has been used in defamatory way in many countries around the world. The digital world has become a tangible reality in all walks of life, and due to the digital nature of the Internet and its ease and speed in the spread of information and news on various electronic devices, the act of defamation and abuse of the reputation of individuals and countries on the network took a different course from its counterpart in the traditional environment. The traditional environment through the media, the press and other traditional publishing methods - such as libraries - allows for a kind of censorship over what is published, and this censorship may reach the deletion of the act of defamation itself. We find that the act of defamation via the Internet - and due to the digital nature of the network - is more Easier, more widespread and influential without any kind of censorship on content that includes abuse, and the perpetrator is often hidden behind a pseudonym. The act of defamation over the network is also characterized by not recognizing the borders between countries, which is what prompted  USA and comparative jurisprudence to say that when a rumor spreads on the Internet, removing it is almost impossible. In order for the act of defamation to be achieved, two main conditions must be met: that the person or state issues a statement that offends another person  or another state , provided that this statement includes facts that include the commission of a crime if it is proven true, which is known in Anglo-American law as LIBEL, and the other condition is that this statement be made public, , and in view of the modern technology and the recently developed digital environment in the surrounding environment, a question arises about the fulfillment of the requirement of publicity through the electronic environment - the Internet - which creates a reason for a person to initiate a liability claim to obtain compensation. Also, the question arises about how to achieve the act of defamation on the Internet and the digital environment Is there a difference between the act of defamation and the violation of the right to reputation in the digital environment, and what is the position of jurisprudence and  united States legislation in combating the act of defamation in the digital environment as it is one of the modern electronic crimes, . In our current research, Finally , we will discuss  the relation between the freedom of speech and the defamation under the UN Umbrella  . we will address the answer to these questions, following the original and comparative approach in the research.