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organization, this document should be changed or withdrawn.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.