Defamation of character: Conditions and resulting claims

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Defamation of character: Conditions and resulting claims

Defamation of character in Greece - Economou & Economou law office the best criminal lawyers in Athens Greece econlaw@live.com (+30) 2103603824

Defamation in Greece

The provisions you’ve outlined from Articles 57 and 59 of the Civil Code, along with the corresponding constitutional protections, form a robust framework for safeguarding the right to personality in Greece. This right, as you described, is an absolute, inalienable, and deeply personal right that encompasses various aspects of an individual’s identity—physical, mental, emotional, and social. The law recognizes that any unlawful insult or infringement on these aspects gives the offended party the right to seek both the removal of the insult and preventive measures to ensure it doesn’t recur.

This legal protection extends to a range of personal attributes, from physical and mental well-being to honor, reputation, and the sanctity of one’s personal life. The recognition of these elements underlines the comprehensive nature of the right to personality, ensuring that any attack on an individual’s dignity or integrity—whether through defamation, invasion of privacy, or any form of atrophic interference—is actionable under the law.

In cases of defamation, which specifically concerns the protection of an individual’s honor and reputation, the law provides recourse through both the Civil Code and criminal statutes. Defamation in Greece is recognized as an unlawful act that can damage a person’s external honor—how they are perceived by society, particularly in terms of their integrity and moral character. The courts have the authority to award compensation for the moral harm caused, taking into account the severity and nature of the offense. This can include monetary compensation, public retractions, or other forms of reparations deemed appropriate by the circumstances.

The distinction between honor and prestige, as mentioned, is significant in understanding the scope of personality rights. While honor pertains to the moral respect an individual receives, grounded in their ethical and legal conduct, prestige relates to the social standing derived from their professional and personal achievements. Infringements upon either can trigger legal protection, as both are considered integral aspects of one’s personality.

The overarching principle is that any unauthorized interference with these rights constitutes a violation of the right to personality, regardless of whether the infringement is intentional or negligent. The law is particularly protective of this right, reflecting its importance in the broader context of human dignity and individual autonomy. This protection is not just theoretical but is backed by the possibility of legal recourse, ensuring that those whose rights are violated can seek and obtain justice.Finally, it is worth mentioning that in general, claims arising from the infringement of the absolute right and the supreme legal right of personality are the following:

  1. Claim to remedy a breach (GC 57(1)(a)): the breach must be unlawful and present. For a breach to be considered present, there must be a likelihood that the breach will recur in the future or the breach must be imminent for the first time in the future, and negligence is not required. Negligence is not required. 1. Steps to restore the situation that preceded the breach are required (e.g., recalling a newspaper publication with a witness named as a defendant).
  2. 2. Claim for negligence for future infringement (CC 57(1)(a)): according to the wording of this provision, the conditions for this claim are the existence of a wrongful infringement in the past and a reasonable risk that it will recur in the future.
  3. claim for damages (GC 57(2)): the condition of tort/unlawful act must be met. Namely, the breach must constitute a tort, there must be negligence and there must be property damage causally related to the breach. Claims for damages are subject to a five-year statute of limitations, but there is a special exception for claims for moral damages in CC 920.4.
  4. Claims for personal injury: non-pecuniary damage consisting of mental suffering caused by insulting a person. The claim presupposes unlawful infringement and, according to case law, misconduct, whereas the prevailing position in theory is to the contrary.

Contact Economou & Economou law office in Athens Greece, by email at econlaw@live.com, by phone at (+30)2103603824 or completing the form and let the best criminal defense lawyers for defamation lawsuit cases in Greece, represent you and defend your rights by the greek courts

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