3 ms·
I think all of these question might be answerd by traditional libel and defamation laws rather than right to be forgotten. In Germany it seems that your hypoth
by gjvnq 4y ago
I think all of these question might be answerd by traditional libel and defamation laws rather than right to be forgotten.
In Germany it seems that your hypothetical rape victim could go to jail:
> Criminal Code (StGB) - Section 186 - Defamation
> Anyone who asserts or disseminates a fact in relation to another which is likely to make him despicable or belittled in public opinion shall, unless this fact is demonstrably true, be punished with imprisonment for up to one year or with a fine and, if the act is committed publicly, in a meeting or by disseminating content (Section 11 (3)) is punishable by imprisonment for up to two years or a fine.
Source: https://www.gesetze-im-internet.de/stgb/__186.html https://www.gesetze-im-internet.de/stgb/__186.html (through Google Translate)
In Brazil it isn't much different:
> Slander (pt: _calúnia_)
> Article 138 - Defaming someone, falsly attributing them a fact defined as a crime:
> Punishment - imprisonment of six months to two years and a fine.
> Paragraph 1 - Whoever propagates or divulges such attribution knowing its falseness shall be subject to the same punishment.
> Paragraph 2 - The defamation of the dead is punishable.
> Paragraph 3 - Exception of Truth - Proving the truth of the attribution is admited as a defense, except:
> I - If the offend person's conviction isn't unappealable if the crime of the attribution can only be charged by private action.
> II - If the fact if attributed to any of the people listed on item I of article 141. [these are basically civil authorities and the elderly]
> III - If the accused was absolved through an unappealable decision, even if the crime can be charged by public action.
Source: http://www.planalto.gov.br/ccivil_03/decreto-lei/del2848compilado.htm http://www.planalto.gov.br/ccivil_03/decreto-lei/del2848comp... (my translation)
Note that "public action" means that the government can file the criminal charges even without the victims consent and "private action" means that the victim or their family has the sole power to charge the accused and has to the work of prosection. The "public action through represenation" is the case when the goverment does the prosecution but only at the victim's request.
Note that these laws are probably full of complicated jurisprudence creating exceptions for cases of public relevance and for "desabafo" (venting).