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Notes on libel, defamation, and slander after Pandora Papers
Many courts in civil societies have established hurdles for government officials filing defamation lawsuits.
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Pandora box opens: Allegations in the Pandora Papers range from corruption to money laundering and tax evasion. (AFP/-)
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ecently, public debates on libel and defamation have become legal issues. This can be seen with the case of Coordinating Maritime Affairs and Investment Minister Luhut Pandjaitan versus human rights activist Haris Azhar, and Presidential Chief of Staff Moeldoko versus Indonesia Corruption Watch (ICW).
To what extent does this damage the reputation of public officials? In a civil society, it is an odd thing for public officials to file a defamation lawsuit against private citizens. It is strange to happen in an open and democratic society because government officials, either as individuals or entities, are not morally justified to file defamation lawsuits against private citizens or entities who speak out in the interest of the public and lack malice in their speech, report, presentation or other forms of communication.
Many courts in civil societies have established high hurdles for government officials filing lawsuits of defamation. Such lawsuits are a bad idea as they become a legal battle between the protection of reputation and the defense of freedom of expression. It is a bad idea because such lawsuits cannot ignore the essence of being a public official, a position that should have moral integrity and be dedicated to serving the public good.
The reputation of a government official should not be damaged by criticism unless they cannot prove lawfully and ethically that they are doing the right thing according to law and morality in civil society.
Since government officials are required to clear a high bar to win defamation lawsuits, the court should argue that such a lawsuit cannot stand. In other words, government officials in a civil society should live with public criticism and be publicly accountable for their actions against such disparagements and derision.
In the United States, the individual or entity who makes the allegation of defamation is known as the plaintiff and has the burden of proof. For a statement to be defamatory, it must be both false and communicated to others. Unless the damage of defamation is proven, in terms of economic loss of property or assets, or personal injuries or death, the court will likely not consider taking the case further.
In many cases, public participation is anticipated and protected by law. In Ontario, Canada, this is the purpose of the Anti-Strategic Lawsuits Against Public Participation (SLAPP) provisions of the Courts of Justice Act.
