Freedom of Speech is referred to a special legal matter which deals with defamatory, untrue, unlawful, threatening, libelous, obscene, indecent, inflammatory statements. The focus is on statements in the media, where the victim fights back or somebody argues for the admissibility of its statements. Affected can be individuals, celebrities and companies by untrue facts stated or spread in the media or by defamatory statements stated or spread.
Our activities in the area of Freedom of Speech extend as to:
- Judicial and extra-judicial assertion/defense of claims for injunctive relief, for counterstatement and for retraction
- Judicial and extra-judicial assertion/defense of claims for damages and for pecuniary compensation
- Non-judicial and judicial action relating to untrue or defamatory statements outside of press releases/media
- Contracts (drafting, negotiation and legal review of contracts)
- False reporting
- Statements of fact
- Statements of opinion
- Protection of the General Law on the Personality
- Protection of the rights to enterprise
- Protection of personality rights
- Protection of the rights to the personal name
- Protection of the rights to the image
- Protection of the rights to spoken word
- Satire and cartoons
- Reporting based on suspicion
- Product testing
- Legal examinations of editorial posts, ads, etc.
Only in the area of Press Law and Freedom of Speech exists a special claim called claim for counterstatement one can assert that is affected by reporting. The judicial and extra-judicial assertion of claims for counterstatement is a complicated matter of Law, so that a legally qualified advice is recommended.
Equal important are claims for injunctive relief and for damages. If someone suffers a grievous infringement of his General Law on the Personality, he can also assert a claim for monetary compensation and assert a claim for compensation for non-material damage.
Into consideration also come claims for revocation/retraction of the offending statement.
Given the wealth of experience from many years of dealing with Press Law and Freedom of Speech mandates, the attorneys of the LAW FIRM THOMAS KAMMERL are familiar with the characteristics of this particular legal matter and with the case law of the judicial press formations to ensure an efficient and strategic advice to the client.