CIVIL CODE
(
DEFAMATION EXTRACTS)


Article 150
 

Non-Material Values

(1) The life and health, dignity of the person, personal immunity, honour and good name, business reputation, the right to privacy, the right to confidentiality of personal and family information, the right to freedom of movement and choice of residence, the right to integrity of one's name, the right to copyright protection, other personal rights and non-material values, belonging to a citizen from birth or by law, are inalienable and non-transferable by other means. As provided by law, a deceased person's non-property rights and other non-material values can be borne and protected by other individuals, including his heirs.
 

(2) Non-material values as provided by this Code and other laws and also cases where civil rights protection remedies can be used which arise from a violation of non-property rights and the consequences thereof (article 12), are protected by this Code.

Article 151
 

Compensation of Moral Damage

If moral damage is inflicted on a citizen (physical and moral suffering) by actions, violating his personal non-property rights or violating his non-material values, and also in other cases, provided by law, the court can require the person responsible to provide monetary compensation.

In defining the amount of compensation of moral damage the court shall take into account the degree of the responsible person's guilt and other significant circumstances. The court shall also take into account the degree of physical and moral suffering, depending on the particular circumstances of the victim.

Article 152
 

Defamation and Business Reputation

(1) A citizen can demand in a court trial the refutation of the information denigrating his honour and dignity and business reputation, if the person responsible for disseminating this information does not prove that it corresponds to reality. On request of interested persons the protection of a deceased person's dignity and honour can be admitted.
 

(2) If information denigrating a citizen's honour, dignity and business reputation was disseminated by a means of mass media, it shall be refuted in the same means of mass media. If this information is contained in a document, which is sent out by an organization, this document should be changed or withdrawn. In other cases the court shall determine the way in which this information shall be refuted.
 

(3) A citizen, whose rights or other interests protected by law have been denigrated by a means of mass media has the right to reply in the same means of mass media.
 

(4) If the court decision is not executed, the court can impose a fine on the responsible person to be paid to the state. The amount of the fine is determined by procedural legislation. The fine does not waive the responsible person's duty to carry out the court decision.
 

(5) A citizen, whose honour, dignity and business reputation as protected by law have been denigrated by a means of mass media can demand not only refutation of the information but also compensation of his moral damages.
 

(6) If the person who disseminated the information denigrating the plaintiff's honour, dignity and business reputation cannot be identified, he has the right to file a law suit to determine that the information does not correspond to reality.
 

(7) The provisions of this article about protection of a citizen's business reputation apply correspondingly to the protection of the business reputation of a legal entity.