It’s been slandered since time immemorial. But with the development of the internet, gossip can have a much wider impact and spread at lightning speed. This can make gossip much more dangerous. On the other hand, the law provides us with tools to defend ourselves against defamation. Which ones are they and when to use them?
What does the Criminal Code say about defaming other persons? Can I be prosecuted for anything I utter that is untrue about another? No. Defamation can only be prosecuted in cases of the most serious interference with personal rights that cannot be effectively remedied by private law means.
The Criminal Code remembers defamation in the provisions of section 184, which states that whoever makes a false statement about another that is likely to significantly jeopardise his esteem among his fellow citizens, in particular to damage his employment, disrupt his family relations or cause him other serious harm, shall be punished by imprisonment for up to one year. A higher penalty, i.e. imprisonment for up to two years or prohibition of activity, applies to defamation committed by means of the press, film, radio, television, a publicly accessible computer network or other similar means.
Let us highlight what distinguishes defamation characterised as a criminal offence from relatively ordinary comments on other persons. The crime of defamation must have the following characteristics:
Tip: Up to two-thirds of criminal reports are dropped. So how do you go about filing a criminal complaint, who can file it, and what three things to look out for before you do so? That’s what we look at in our article.
Completely banal gossip (in legal terms) – for example, two friends gossiping about the appearance of a third friend – should simply be ignored, or you should try to explain yourself to the face of the gossiper. Surely such an act can make you feel humanly sorry. But from a legal perspective, there is not much to address here.
The first line of defense is to file a civil lawsuit in the local district court. This option is based on the Civil Code, which states that every natural person has the right to protection of his or her personality, life and health, civil honor and human dignity, as well as privacy, his or her name and expression of personal character. In the proceedings, it is assessed whether the defamation in question has affected, for example, the defamed person’s privacy, honour, reputation, etc., and what the consequences have been for that person. As a result, the unjustified interference may be ordered to be dropped or a public apology or financial compensation for the damage caused. The first step towards redress may be a pre-action notice. Often, this will help you avoid court altogether. However, it usually needs to be drafted by a solicitor.
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A pre-suit notice is the most effective and least expensive way to protect your rights. It serves mainly as a last warning before you sue, without having to pay court fees and risk paying the costs of the litigation to the other party in the last resort.
If the defamation could cause ridicule or damage to the defamed person, it could be an offence. The Misdemeanour Act refers to conduct that “injures the honour of another by ridiculing or otherwise grossly offending him”. In such a case, the offence can be reported to the locally competent municipal authority, which will deal with it in an administrative procedure. It is necessary to describe precisely what the defamation was, who uttered it and when, and what the effects of the defamation were. In the context of the offence proceedings, the defamer may be obliged to pay a fine of up to CZK 15,000, to apologise to the person defamed, or to compensate the person defamed for the damage caused by the dissemination of false information.
We speak of the criminal offence of defamation if the defamation is really significant and intense and has a greater potential for harm. It may significantly jeopardise the reputation of the defamed person among his fellow citizens, damage his employment, disrupt his family relationships (as a result of the defamation, his marriage is broken or other family ties are severed) or cause him other serious harm. For example, imagine a situation where a newspaper publishes a (false) article about a well-known clergyman in the Catholic Church, claiming that he is homosexual and has several sexual partners, and publishes a fictitious interview with one of them. This can very soon bring his career to an end and seriously affect the private life of the person concerned. It is possible to seek protection of rights and legitimate interests against this type of defamation by filing a criminal complaint, in which case the matter will be dealt with by the Police of the Czech Republic and the offence will then be dealt with in the criminal justice system.
Tip: You don’t have to be the perpetrator of the crime, or even plan it, and you can still be directly affected by the criminal proceedings. All it takes is for someone to steal a bike of greater value and you are already part of it as a victim. While any role in the criminal process is unenviable, it is worthwhile for everyone involved to know the various stages of the criminal process. We take a closer look at this topic in our separate article.
As we have already mentioned above, it is not enough to file a criminal complaint and initiate criminal proceedings if someone has defamed us and caused us harm. It should also be clear that the situation cannot be effectively remedied by private law. The Constitutional Court has also commented on this in great detail in its ruling.
In Decision No II.ÚS 474/19, it dealt with a review of a law firm published by the complainant which read: ‘Totally unserious conduct. An appalling experience. He contacted the opposing party and wanted to withdraw my lawsuit. I had to immediately withdraw my power of attorney. I filed a lawsuit against him in court to get my deposit back. He didn’t take a single legal action, yet he raked in my 18k. CZK as an advance.”
In the course of the criminal proceedings, the allegations were reliably refuted and the complainant’s allegations were described as defamation. Moreover, the review was capable of significantly damaging the lawyer’s standing with his fellow citizens and damaging his employment. Ultimately, the court imposed a sentence on the complainant at the lower end of the statutory sentencing range.
According to the Constitutional Court, there were no disputed issues of fact; in other words, it did not dispute that the matter had actually occurred as the courts had described it. However, it emphasised “the principle of subsidiarity of criminal repression, or the principle of ultima ratio”. According to that principle, the means of criminal law should and must be used only if the use of other legal means is not possible because they have already been exhausted or are manifestly ineffective or inappropriate.
Criminal law cannot serve as a substitute for the protection of individual rights and legal interests in private law relations.
For this reason, even the offence of defamation is intended to cover only the most serious acts and infringements of personal rights (honour and reputation), since the purpose of criminal law is not to regulate common defamatory conduct across the population.
The court may impose a prison sentence of up to one year on the defamer.
If the offence is committed by press, film, radio, television, publicly accessible computer network or other effective means, then the offender faces up to two years’ imprisonment or a ban on activity. The court may also order compensation for the damage caused by the offender to the defamed person.
We will stand up for you if someone violates your rights. We’ll complete a pre-suit notice and make sure you get back what’s owed to you. We will handle the matter quickly, flawlessly and professionally. You can only pay after the service has been provided.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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