The Division of Case-law and Research of the Supreme Court has prepared an updated summary of case-law on civil protection of honour and dignity. The summary has been supplemented with the rulings of the Senate adopted during the last two and a half years, as well as with certain references to the findings of the case-law of the European Court of Human Rights.

The summary of the Senate's case law systematizes the findings in the rulings of the Department of Civil Cases adopted between 2000 and May 2021 on the violation of person’s honour and dignity regulated by Section 2352.1 of the Civil Law, as well as includes substantive information on cases reviewed by the Senate.

The summary is supplemented by some findings of the European Court of Human Rights in cases where the Court, in applying the European Convention for the Protection of Human Rights and Fundamental Freedoms, has balanced the right to the protection of honour and dignity and the right to freedom of expression arising from the inviolability of privacy, as well as has provided other instructions on the issues of protection of honour and dignity.

The first part of the summary includes the findings of the Senate, applying the criteria of the composition of Section 2352.1 of the Civil Law to the specific circumstances of the case. Namely, in which cases, within the meaning of this Section, information has been publicly disseminated, what kind of information is to be recognized as data in accordance with this provision, what information may be considered the violation to honour and dignity and how to verify veracity of the information.

The second part deals with the remedies applicable to violations of honour and dignity, which are the withdrawal of information violating honour and dignity and compensation or material compensation.

The third part deals with the issue of legal entities in actions for the protection of honour and dignity.

The fourth part provides a thematic insight into the cases on the protection of honour and dignity examined in the Senate.

 

 

Information prepared by

Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court

E-mail: rasma.zvejniece@at.gov.lv, telephone: +371 67020396, +371 28652211