No maximum ceiling for compensations in libel cases

The Parliament decided that the compensations for moral damages in libel cases shall not be estimated using a maximum ceiling system. Yet it specified that the compensations must be reasonable and also dependant on several factors. MPs voted on Friday sitting, July 28 in final reading a bill regarding the amendment of the 16th article of the Civil Code, which includes the aforementioned provisions. According to the amendments, the quantum of moral compensations will be determined by the character and extent to which the information was spread; social impact; gravity and duration of the psychological or physical damages. At the same time, the extent to which the reputation was damaged; responsibility level of the offender; how this compensation can satisfy the damaged person. Further, such circumstances as publishing rectifications, offering retorts or publishing denial until the decision of the court is made are included in the law. According to the authors of the project, the representatives of the Communist, Democrat and Christian-Democrat factions, evaluating the moral prejudice in libel cases is very difficult. The court is the authority which can establish the form and the equitable amount of the compensation, based on specific particularities of each action, on the size and character of the moral prejudice, on the material situation of the plaintiff and of the defendant etc. The authors presented the example of the European Court for Human Rights, where only judges can establish the size of the material compensation. The draft Law was not supported by the MPs of “Moldova Noastra” Alliance which pleaded in favor of establishing a maximum ceiling of the moral prejudice libel cases. The Speaker of the Parliament declared after the law was approved that this is only an element of the measures needed for the identifying solutions in problems concerning libel or freedom of speech. He mentioned that during the autumn-winter session the Parliament, in partnership with the civil society, will elaborate a bill on freedom of speech which will tackle these subjects.