QUO VADIS, VILIFICATION? ON THE (UN)JUSTIFIED CUTBACK OF CRIMINAL LAW PROTECTION OF HONOR AND REPUTATION IN THE REPUBLIC OF CROATIAEUROPEAN STANDARDS AS DIRECTIONS FOR REGULATION

Abstract

Due to the narrowing of the criminal law protection scope regarding honor and reputation, under the fifth amendment to the Criminal Code at the end of 2019, Severe Vilification was deleted which left noticeable illogicalities. Therefore, this research examines the reasons for this legislative intervention, to assess its justification. Due to the required scope of argumentation, this analysis builds on previously published work that has shown research on historical, positive, and comparative arguments. We are now exploring the Convention standards and positions of the European Court of Human Rights in the application of the criminal law mechanism in the field of protection of honor and reputation through two convention rights - freedom of expression and the right to privacy. The outcome shows that the provision of a criminal law mechanism for the protection of honor and reputation is in line with convention standards and that, given the equal value of both rights, their quality protection requires a balanced national solution. It is pointed out that the challenges of respecting the principle of proportionality lie equally in the field of civil law regarding determination of the amount of damages. Overall, the arguments previously published and those we present now indicate that the publicly available reasons for the deletion of Severe Vilification cannot present sufficient arguments for this legislative intervention. It is therefore argued that pro futuro regulation in this sensitive area should not be driven by sudden criminal cuts without careful expert and reasoned assessment and consensus on societal needs.

Keywords

• criminal law protection of honor and reputation
• freedom of expression
• right to privacy
• fifth amendment to the Criminal Code
• severe vilification
• media