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Czech legal news

This category contains 17 posts

Violation of presumption of innocence in case of “Nurse death” . Czech tabloid media found guilty of defamation and media prosecution

„Nurse death“ was the nickname Věra Marešová was given by media after allegedly killing 5 to 6 patients. Věra Marešová was a nurse in her fifties at the hospital in Rumburk. Between 2010 and 2014 she was accused of killing several patients, five elderly women and one old man by injecting deadly amounts of potassium … Continue reading

Restrictions on freedom of speech resulting from the principle of presumed innocent until proven guilty

The second chamber of the Czech Constitutional Court rejected the constitutional complaint by MAFRA, a.s. (Czech newspaper publisher) since the complaint did not infringe claimant’ s freedom of speech. The accessory together with other participants was charged for joint enterprise in procuring. In February 2010 MF Dnes published an article describing the course of the … Continue reading

Rynes (Ryneš) case update – the Czech Supreme Administrative Court has decided after the Court of Justice issued judgement on preliminary question

On 11.12.2014 CJEU issue judgement on the preliminary question states, whether the use of the individual camera system put at the family house for the purpose of protection of the property, life, health (from burglary), overlooks the street or other areas near their home fall under the Art. 3 par.2 of the Directive 95/46/EC of … Continue reading

The Czech President Miloš Zeman to be sued for defamation? Head of the state has been sued indirectly so far, through the state liability.

Ferdinand Peroutka granddaughter has filed a defamation claim against the Czech state because of President Miloš Zeman’s public defamatory statements about the Czech most famous journalist (from 1st Republic era, friend of our first President Tomáš Garrigue Masaryk, see more) who was during the WWII held in concentration camp and in 1951 emigrated due to … Continue reading

Czech Finance Minister Babiš to sue Foreign Policy magazine for defamation

It is rare case that Czech national sues foreign publisher. Czech minister of finance, businessman Andrej Babiš announced he is considering to file a defamation claim against American Foreign Policy magazine. What is the subject matter of the dispute and would Andrej Babiš be successful in the Czech Republic in similar a case? The article … Continue reading

The use of the individual camera system put at the family house for the purpose of protection of the property, overlooking street – is not purely personal activity

The Court of Justice of the European Union in Case C-212/13 – „Ryneš“ issued a judgement on 11.12.2014. The preliminary question states, whether the use of the individual camera system put at the family house for the purpose of protection of the property, life, health (from burglary), overlooks the street or other areas near their home … Continue reading

IPI has issued a publication on Defamation Law in the European Union and its Effect on Press Freedom. The Czech Republic part of the report.

International Press Institute has issued a publication on Defamation Law in the European Union and its Effect on Press Freedom. It is a provisional overview for journalists, civil society, and policymakers, the final version will be released in the upcoming months. The findings are presented in the form of a comparative analysis of defamation law … Continue reading

Prague – the capital of the Czech Republic attracts more celebrities and studios – How could well-known and therefore public figures protect their privacy to fully enjoy the stay in the Czech Republic?

Prague has been chosen by many foreign celebrities as a destination for holiday and getting the right magic atmosphere but also as a place for Hollywood studios to shoot and produce their movies on much lower costs with high standard of professionality and facilities as Prague has a long history in film production. The Czech … Continue reading

The rise of the interim injunctions in the Czech republic. The effective way how to protect celebrities when their image rights, privacy or reputation has been infringed

Before 2013 there were rare cases when the applicants has sought the interim injunction in order to restrain the media from publishing the stories. There were two cases when the Court granted the injunction, first when the tabloid media has run the story about the love affair of married husband of the famous moderator. As … Continue reading

Czech New Civil Code – Protection of personal rights

PROTECTION OF PERSONAL RIGHTS IN NEW CIVIL CODE – Act. n. 89/2012 Coll. The Czech New Civil Code (Act n. 89/2012 Coll.) entered into force on 1.1.2014. The scope of the protection of personal rights has been increased and sanctions for an infringement of the rights became stricter. In the following there is a comprehensive … Continue reading

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