International Internet Magazine. Baltic States news & analytics
Monday, 27.03.2017, 17:39
On liability for triggering in Latvia hatred on the world wide web
Answer: It is possible if proved that this particular person has committed the said violation. Under the Latvian law such wrongful acts on the world wide web are violations for which certain liability is provided (criminal, administrative and civil liability). According to Section 157 of the Criminal law of Latvia, injuring honour and dignity, defamation – are criminally punishable acts. But a person who commits acts intentionally directed towards triggering national, ethnic or racial hatred or enmity may also be criminally punished according to section 78 of the Criminal law of Latvia.
According to section 23521 of Civil law of Latvia, each person has the right to bring court action for the retraction of information that injures his or her reputation and dignity, if the disseminator of the information does not prove that such information is true. If someone unlawfully injures a person's reputation and dignity orally, in writing or by acts, he or she shall provide compensation.
Spamming is also a violation. The term “spam” in legal literature is explained as electronic commercial communication intended for advertisement of goods and services and which is distributed automatically and without consent of the receiver. “Spam” is prohibited in Latvia with the Law on information society services and spamming imposes administrative liability pursuant to section 20416 of the Latvian Administrative Violations Code. Unfortunately, offences committed on the internet are difficult to prove, as well as to prove certain person’s involvement in the offence. First of all, the offence shall be established (e.g. with a statement of the court officer), followed by proving one’s quilt for committing the said offence.
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