The head of Finland’s prosecution service has called for a fundamental change to the country’s libel laws, so that publicly harming someone’s reputation is no longer a criminal offence.
Prosecutor General Matti Nissinen told Yle that online comments and postings have caused a hike in cases of alleged libel being reported to police, when he believes the matter should be dealt with by civil authorities.
Over 1,000 cases of alleged defamation pass across Nissinen’s desk every year, with police dealing with many more, he claims. Only a tenth of cases lead to a conviction.
Now the man who leads the prosecution service says the current legislation, which dates back to the 1880s, needs changing so that the majority of libel cases are no longer dealt with by police and prosecutors.
”I would retain certain aspects as criminal offences, such as defamation of the dead. But I would change the rules to mean that online comments and so on are not crimes, and those who have been harmed have the possibility of seeking damages some other way,” he said.
Civil courts
The change would bring Finland into line with countries such as the UK and US, where libel cases are dealt with by civil courts, who can order a defendant to make a public retraction and pay damages if a judge rules that a claimant’s reputation has been materially damaged.
Under the current laws, aggravated libel can be punishable by up to two years' imprisonment. Nissinen says there should still be criminal charges for cases of aggravated defamation involving mass communication, as well as for verbal abuse which an individual finds threatening.
But Nissinen also calls for a body to be set up to try and resolve disputes before they reach the court.
”I think we should have a mediation system and compensation-seeking system combined. Probably at the stage where the claim is made there could be a conciliation service or a trial counsel. That would get the process moving towards a resolution without getting the police involved, at least not at the start,” he said.
Such a change would require adjustments to the leglislation and would need to be approved by parliament.
