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Although both categories of statements require a factual basis, the Court evaluates the requisite factual basis more stringently in the case of statements of fact (which are susceptible to proof) than value judgments (which are not susceptible to proof, but still need to find sufficient support in a factual basis). To evaluate the veracity of allegedly defamatory claims, the Court has long drawn a distinction between statements of fact and value judgments. One of the CourtвЂ™s balancing criteria evaluates the veracity of the published information (that is, the truth value of the statements at issue). In Axel Springer AG v Germany, the Grand Chamber of the Court listed a limited set of criteria to guide the balancing exercise between those two Convention rights. 10 ECHR and the right to protection of reputation, as guaranteed by Art. 45 The CourtвЂ™s defamation case law essentially concerns clashes between the freedom of expression of Art.

The people vs muhammad free pdf