This tag is associated with 7 posts

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

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

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

Defamation Claim Template

There is no prescribed form of the Claim that has to be submitted, however there are compulsory parts and essential information that without them the Court can reject the Claim. The Template I am presenting might be useful as general directions for person who is considering to bring the Claim in the Czech Republic and … Continue reading

Current legal debate in respect of the latest cases – January – June 2013

The unprecedented amount of damages In a recent judgement from 25th May 2013 no. 37 C 91/2012-90 the Court of the first instance in Prague ordered the tabloid newspaper to pay 900,000,- CZK (300,000£) in damages and to publish an apology. The case concerns the article about an actor and a director of one of … Continue reading

Post-mortal protection of personal rights in the Czech republic

Czech Civil Code belongs to the legal system where the protection of the posthumous interests is expressly stated in the code (likewise Austria, Hungary, Greece, Portugal, Slovak Republic). It determinates the class of the people that are entitled to bring an action in case that the honour, dignity or other enduring rights after the death … Continue reading

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