Andy asked:

Without going over the top, may I ask you if there are any implications for authors of essays and/or
papers submitted for marking for the Philosophical Society Diploma or publication in The Philosopher,
or interactive dialogs by e-mail, of the European Union Court of Justice ruling:

"...that the Commission could restrict criticism that damaged the 'the institution's image and
reputation' ...resorting to a legal device...The protection of the rights of others...

...the door could soon be open for the ECJ to start ruling on free speech cases involving
ordinary EU citizens, or indeed involving Euro-sceptic newspapers..."

Ambrose Evans-Pritchard, Daily Telegraph,10th March 2001, page 21

...where the material submitted may include, or require for philosophical completeness, explicit or
implied criticism of the EU?

============

I assume from the quotation (i.e. two "could"s) that there is no law yet in force which restricts criticism
of the EU. You don't say what device would be used, but criticism of the EU may be some form of
defamation which, in current English law, is damage to reputation and must be malicious. The
defence to defamation in current English law is that it is not malicious, but well-founded and
constitutes fair comment. The same sort of defence may well be available at the ECJ. Otherwise,
writing about the EU would become a ludicrous exercise. The EU cannot want to block all published
comment.

It is highly unlikely that you would be taken to court for comments in an e-mail or a Diploma paper
and, in any case, minimal damage would be caused to the EU if only one or two people see what you
have written, and compensation or a fine would reflect this.

Rachel Browne