Recent law has determined that the commission as an organization cannot bring a libel action or a defamation action.

106. Condemns severely any persecution based on religion or belief; remains committed to the realisation of freedom of religion in all parts of the world as part of enhanced EU efforts in its bilateral and multilateral action; restates its concern regarding full and effective respect for the right to freedom of religion for all religious minorities in a number of third countries; reiterates its call on the Council and Commission to urgently develop a toolkit on the advancement of the right to freedom of religion or belief in the EU's external policy, including mechanisms to identify infringements and actions that the EU should underta ...[+++]ke in these cases, and to involve Parliament, civil society organisations, and academics in its preparation; welcomes the EU's action in various UN forums against intolerance and discrimination based on religion or belief and its unwavering and principled stance against the resolutions on combating defamation of religions; maintains that freedom of assembly is a vital aspect of the right to freedom of religion or belief, and stresses that registration of religious groups should not be a prerequisite for practising one's faith; calls on the EU Fundamental Rights Agency to provide Parliament with accurate and reliable data on infringements of freedom of religion or belief in the European Union, and to advise as to how these could be tackled;

102. Condemns severely any persecution based on religion or belief; remains committed to the realisation of freedom of religion in all parts of the world as part of enhanced EU efforts in its bilateral and multilateral action; restates its concern regarding full and effective respect for the right to freedom of religion for all religious minorities in a number of third countries; reiterates its call on the Council and Commission to urgently develop a toolkit on the advancement of the right to freedom of religion or belief in the EU‘s external policy, including mechanisms to identify infringements and actions that the EU should underta ...[+++]ke in these cases, and to involve Parliament, civil society organisations, and academics in its preparation; welcomes the EU‘s action in various UN forums against intolerance and discrimination based on religion or belief and its unwavering and principled stance against the resolutions on combating defamation of religions; maintains that freedom of assembly is a vital aspect of the right to freedom of religion or belief, and stresses that registration of religious groups should not be a prerequisite for practising one’s faith; calls on the EU Fundamental Rights Agency to provide Parliament with accurate and reliable data on infringements of freedom of religion or belief in the European Union, and to advise as to how these could be tackled;

I. whereas human rights defenders face human rights violations themselves in the course of their work and whereas these violations include killings, death threats, abductions and kidnappings, arbitrary arrest and detention, and other actions of harassment and intimidation, for example through defamation campaigns, and whereas all these violations can also target the immediate family members of human rights defenders, (including their children), and their other relatives, so as to prevent them from continuing their activities; wherea ...[+++]s human rights campaigns are affected in many regions by restrictions on their activities and the persecution of human rights defenders,

Professor Monahan's basis for this objection was his concern that the clause would effectively deprive a plaintiff in a defamation action from obtaining any relief.

Just to verify this point, honourable senators, I took a look at some damage awards for defamation actions which have been awarded by the courts over the past five years.