The right to honour and reputation

Protecting your honour and reputation

The right to honour and reputation is a personality right that is more closely linked to moral values. When your right to honour and reputation has been infringed, the person responsible may be sanctioned.

• Defamation and injury to honour

First, the offences of defamation and injury to honour may be relevant, Articles 443 through 452 of the Criminal Code. Defamation occurs where someone maliciously imputes a specific, unproven fact that may harm a person’s honour or standing, while the law permits proof of that fact. For example, this may occur where someone publicly accuses you of paedophilia without any evidence capable of substantiating that accusation.

Injury to honour occurs where the law does not allow proof of the allegation. For example, the law does not permit proof where the case is already time-barred, meaning that the facts occurred too long ago and legal action was taken too late.

There are different ways to damage someone’s honour and reputation, for example by making the statement in a public place, circulating a letter at work, publishing a newspaper article, or filing a false complaint with the police.

Depending on how one of these offences is committed, a prison sentence of fifteen days to six months may be imposed, although this will often not be enforced, and/or a fine of at least twenty-six euros, which in practice amounts to at least 208 euros.

• Compensation

Compensation may also be sought, as may a more specific measure such as seizure of the offensive publication.

Is this an unlimited right?

In a democratic society where freedom of the press and freedom of expression are important, a conflict may arise with your right to honour and reputation. In order to balance and reconcile these rights, the court will take several factors into account, including:

1. The extent to which published articles or photographs contribute to a debate of general interest.
2. The prominence of the person concerned, including whether the press is fulfilling its role as a watchdog of democracy or merely communicating certain pieces of gossip.
3. The previous conduct of the person who is the subject of the publication.
4. How the information was obtained and whether it is accurate.
5. The content and reach of the publication.
6. The nature and seriousness of any sanctions already imposed on the journalist or publisher, ECtHR, 10 November 2015.

The fact that people have a right to historical truth may also mean that freedom of the press outweighs an alleged infringement of privacy or of the right to honour and reputation, ECtHR, 9 December 2014, Dzhugashvili v. Russia.

This information is general legal information and not personal advice. For matters concerning the transition date, or in the event of a specific dispute, individual legal advice is recommended.