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22-03-2017

Judicial protection in cases of defamation and insult

On 22nd of March 2017, Academy of Justice within its Continuous Training Program conducted training on “Judicial protection in cases of defamation and insult”.

This training aimed to extend the judges knowledge on issues related to defamation and insult, its notions, responsibilities up to compensation as well as timelines for judicial protection.

First part of the training treated the notions of defamation and insult, measures for protection from defamation and insult, cases of exception from liability and liability margins, as well as the international practice of the European Court of Human Rights (ECtHR).

Second part elaborated on topics related to obligation to mitigate the damage and the right to reaction, compensation for defamation and insult and timelines, protection of sources and the competent court.

Beneficial for judges was also the analysis of court decisions and interpretations in this field provided by regular courts of regional states and the ECtHR, as well as trainers explanations related to slander and insult and its correlation with the freedom of expression.

This training was dedicated to judges of different instances, focusing on the lacking court case law on compensation for damages caused by defamation or insult. Participants had the possibility to obtain clear instructions for the way of approach in trial practice of these cases, which are sensitive for our society because of mentality and lack of awareness on the freedom of expression, which is speaking and writing freely but responsibly.

Beneficiaries of this training were judges of civil divisions within general departments of basic instance courts, and of the appeals Court, including professional associates.

 

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