Slovakia
Constitutional Court maintains freedom of expressionPosted Apr 26 2010
The Slovakian Constitutional Court has ruled that in a 2007 case against a weekly magazine for allegedly defaming the character of a judge, the original court’s decision to order payment of $11,127 in damages violated the publication’s right to freedom of expression.
In 2007, the magazine published an editorial that said defamation penalties were often unequally proportionate to the amounts received by crime victims. The editorial used the example of a certain judge, Judge Polka, who had just won a large sum in a defamation case. According to IPI, he then sued the magazine.
Referring to the decisions of several other courts, including the German Federal Constitutional Court and the Supreme Court of Canada, the Slovakian Constitutional Court ruled that because Judge Polka is a public figure and the article was published in the interest of creating a public dialogue, the magazine had the right to publish the editorial. The appeal had gone through district and regional courts, which both found in favor of the judge, before reaching the Constitutional Court, IPI reports.
“The Constitutional Court's verdict will be of great importance for similar disputes when judges or even courts sue media,” Peter Wilfling, a legal commentator, wrote in an article.
All in support of free speech hope this case will set a precedent for future defamation trials.