QUO VADIS, VILIFICATION? ON THE (UN)JUSTIFIED CUTBACK OF CRIMINAL LAW PROTECTION OF HONOUR AND REPUTATION IN THE REPUBLIC OF CROATIA
HISTORICAL, LEGAL POSITIVE AND COMPARATIVE ARGUMENTS
DOI:
https://doi.org/10.30925/zpfsr.42.3.11Keywords:
freedom of expression, criminal law protection of honour and reputation, Fifth amendment to the Criminal Code, severe vilification.Abstract
The Fifth Amendment to the Criminal Code made at the end of 2019 significantly narrowed the scope of criminal law protection of honour and reputation,
deleting the incrimination of severe vilification. This legislative move resulted in noticeable illogicalities. Therefore, this research examines the reasons for this legislative intervention and, in order to assess its justification, analyzes historical, legal positive and comparative arguments. We consider and discuss on the Croatian regulation of criminal offenses against honour and reputation, the introduction of the criminal offense of vilification, the manner of its abolition, statistical occurrence, comparative legal regulation and comparative experiences of defamation regulation. The research outcomes point out that the reasons for deletion of severe vilification, which were available to public, cannot provide sufficient arguments to justify this legislative move. In pro futuro regulation, the complexity of this matter, its social importance and consequences certainly imply steps that are more thoughtful and careful.
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Copyright (c) 2022 Barbara Herceg Pakšić
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