“Facebook Posts”

The honour of an author or performer refers to the objective evaluation of their character, virtue, reputation, credit, and/or other personal values recognised by society, i.e. social honour.

The offence is established when there is a risk that the social esteem or recognition of an author or performer may be infringed through an act of infringement of their moral rights, regardless of whether there is an actual result of infringement or a concrete and realistic risk of infringement.

The mere act of infringement of the moral rights of an author or performer does not necessarily mean that there is a risk of harming the social esteem or recognition of the author or performer.

Whether there is a risk of harming the social esteem or recognition of an author or performer shall not be judged based on whether the act of infringement of their moral rights is likely to infringe the author’s or performer’s perception of honour, such as their subjective feelings or emotions.

Such risk should be carefully judged, based on whether the act of infringement is likely to harm the socially recognised honour of an author or performer in light of objective circumstances, such as the circumstances leading to the infringement, the content and manner of the infringement, the extent of the infringement, and the history of the author’s or performer’s activities related to their works or performances.