LEGAL REMEDIES FOR INSULT AND DEFAMATION IN NORTH MACEDONIAN LAW: THE PROTECTION OF PERSONALITY RIGHTS
Albana METAJ-STOJANOVA, Fjolla KAPROLLI ISMAILI
Abstract
Insult and defamation continue to challenge the protection of personality rights and the balance between individual dignity and freedom of expression. This paper examines the legal remedies available under North Macedonian civil law for addressing harm caused by insult and defamation. It provides a comprehensive analysis of the legal framework established by the Law on Obligations, the Law on Civil Liability for Insult and Defamation, as well as relevant constitutional and international provisions. Through a doctrinal and comparative approach, the paper explores how North Macedonian courts apply civil remedies – such as compensation for non-pecuniary damage, publication of apologies, and retractions – while ensuring compliance with the standards of the European Convention on Human Rights (Article 10) and the case law of the European Court of Human Rights.
The study highlights the persistent tension between protecting an individual’s reputation and safeguarding freedom of the press and public debate. It identifies key challenges, including inconsistent judicial practice, divergent interpretations of moral damage, and the absence of clear criteria for determining liability and compensation. By examining the alignment of domestic judicial reasoning with the ECHR’s jurisprudence, the paper underscores the importance of proportionality, legal certainty, and the avoidance of “chilling effects” on journalistic expression.
The paper concludes that a more coherent and rights-based approach to civil liability for insult and defamation is essential, calling for refined judicial guidelines, greater public awareness of civil remedies, and closer harmonization of national law with European human rights standards.
Pages: 131 - 141