The use of criticism right and its impact on the permissibility (a comparative study)

Abstract

ABSTRACT This research deals with the subject of (the use of right of criticism and its impact on the permissibility - a comparative study), as one of the subjects that took occupies increasingly important at the present time, in particular to those communities that were able to break free from the eras of tyranny and oppression, marginalization and the single opinion and party. So it's very important to talk about the right of criticism and the need to always be used on an ongoing basis, effective and meaningful as a need and necessity must work on them and instilled a culture and behavior in all public affairs that are related to the inherent life of the individual. Therefore, to ensure the use of the right of criticism in a meaningful and effective way , it is obvious and foremost must create appropriate legal environment to it which requires recognizing the right and providing legal guarantees for the exercise in order not to prosecute those who uses it legally. That can be done by including it in the Constitution in a clear and explicit way, in which the laws can later activate those constitutional provisions that consider the right of criticism is as a cause of the reasons of permissibility, which denies such criminality for the act. Based on the foregoing, this research is specialized to study the use of the right of criticism as a cause of the reasons of permissibility, according to a comparative analytical approach, in which the research plan is divided into three sections. The first section dealt with the definition of the right of criticism and shows its legal basis. While the second section dealt with the conditions of the right of criticism as one of the defenses that may be used before the court by the accused of defamation. The third section studied the impact of using the right of criticism as a cause of the reasons of permissibility, Suspicion, ignorance and overriding its restrictions.. Finally, we concluded a conclusion that contained the most important results that have been reached and some of the recommendations that will hopefully be utilized in the future.