Criminal Liability for Defamatory Press Reports Based on the Principles of Justice and Legal Certaint

Abstract

This study aims to provide an in-depth analysis of disparities in the enforcement of the law regarding press reporting and the factors underlying them, as well as to conduct a comprehensive examination of the press’s liability for defamatory reporting based on the principles of justice and legal certainty. The research employs a normative legal methodology with a descriptive-analytical approach, examining existing legal phenomena and issues and testing them against applicable legislation and legal norms. The results of this study indicate that disparities in the enforcement of the law regarding press reporting are influenced by the tension between press freedom and the protection of honour, a lack of understanding amongst the public and law enforcement officials regarding press norms, and the existence of socio-political intervention. The press’s accountability, which is based on justice and legal certainty, for defamatory reporting is divided into administrative, civil and criminal liability, with the latter serving as the ultimum remedium. Any criminal legal proceedings against the press must first be pursued through the right of reply mechanism and mediation by the Press Council, in accordance with Constitutional Court (MK) Ruling No. 145/PUU-XXIII/2025.