What the law says about Cyberbullying in Luxembourg?

(translated through Google translate)

The Internet has become an important medium for information, communication and industrial exchanges. But even if one could believe that it is in a barrier-free space is, so there are still limits, you must not exceed - there are behaviours which are punishable, by the Criminal Code.

(Cyber) -mobbing
Cybermobbing is and is not covered by the Criminal Code. Nevertheless harassment within the meaning of Article 442-2 of the Criminal Code and Article 6 of the Act on the privacy of 11 August 1982 with a jail sentence of fifteen days to two years and a monetary sentence from 251 to 3000 euro to be punished. The act requires that four conditions are met:

The victim is again brings insults, pressure or demands his Stalkers paper sets
The victim suffered a severe distress
The distress fault is attributable to the harasser
The harasser should know, or should have known that his conduct adversely affected the victim
The person who is in a situation is, in 4 of these conditions are met, can display only the police attention. It is important evidence (SMS, e-mail, screenshots, malicious sites) to ensure, to the work of investigators to facilitate. The judicial authorities can not be active when there is no display.

Sometimes acts as referred Cybermobbing which actually under another law and will be punished accordingly. For example:

Slander, defamation and insult after speech
Invasion of privacy
Incitement to hatred

This theme article deals with the legal aspects in connection with photographs of those
be made in public places or at various events , and the use thereof . In the Centre
is the question whether and in which cases the approval of the photographed person is required .
An important rule in advance : The permission to take a picture includes , not necessarily the right also to
publish.

1. PRIVACY
The right to privacy, rationale
the image rights, based on different pieces of legislation,
including:
(A) Article 8 of the European Convention for the Protection
human rights and fundamental freedoms,
(B) Article 14 (1) of the Law of 8 June 2004 on
freedom of expression in the media in its
as amended, which everyone has a right to respect
his privacy, has
(C) the law of 11 August 1982 on the protection
of privacy, which prohibits, privacy
to infringe any third party aware of by a
Person who is on a non-public
City resident, with any apparatus shots
be made or commissioned, without
this person has given their consent. After this
Text is also the publication of such recordings
prohibited.
From these texts shows that everyone goes that
Law has to defend itself against the fact that recordings
be made or published by him. a
Photo agree does not mean that you also whose
Publication agrees, no matter what
Circumstances.

2. CONSENT

Everyone can agree of course that shots
be made or published by him .
In case of dispute must in principle the one who for
Publication is responsible to prove that
such consent was given .
A written statement of the photographed persons
may be necessary here .
More difficult is the situation when the subject
is a minor. According to Article 1124 of the Luxembourg
Civil Code minors ,
which have not been declared of age , incapacitated
and not entitled to enter into contracts . In
this case, the consent of the legal
Representative of the minor , about the parents present .

3. RECORDING IN PUBLIC PLACES
For practical reasons, it is often not possible, the
obtain the consent of all those on photos
can be seen that done in public places
were .
It can be assumed , therefore, that a
Person solely on the basis of the fact that they se
a public place is staying , their tacit
has given consent to the recording.
However, the doctrine also says that the fact
that the person in a public place
staying , although as tacit consent to the
Recording is regarded , not as approval
a publication of this recording. In order to
such publication to be possible, the
Consent of the person concerned should be obtained.

The portrait rights may conflict with
the universally recognized right of public
to information .

The Luxembourg Law , therefore, says : " Although
it is clear that the right of the people on their own
Image is final and everyone against unauthorized
can defend publication of his image ,
an exception must apply when the publications
Picture a person shows that the focus of a current
Event is . " [ Cour d'appel , January 6th 2005].

4. PUBLICATION IN THE INTERNET

As mentioned , means the permission to take a picture ,
was this explicitly ( in writing ) or implicitly ( by
the person about voluntarily before the camera sets )
not that this may also be published .
Nowadays , this aspect is particularly important in
View of the popularity of social media and
Networks .
In general, the use of online services as
Facebook® to the consent of the user conditions
bound , which provide that each of the
is responsible content that it provides .
Furthermore, these portals usually offer special
Services that make it inappropriate or unauthorized
To report content immediately .
In this reporting services can fall back to
to exercise his right to their own image submitted .

5. CONCLUSION

Given the above-mentioned problem is
strongly recommended before a recording and especially
before publication of photos which approval
the person concerned must be obtained. minors
also needs the approval of statutory
Representatives, such. As the parents, should be obtained.
Alternatively, the images can be blurred,
so that people are no longer recognizable.
A breach of the rules protecting
Privacy has criminal and civil consequences. On
criminal plane z. B. is a breach of the
Provisions of the Act of August 11, 1982
on the protection of privacy by imprisonment
eight days to one year and / or a
Fine of 251 euros to 5,000 euros punished.
On civil level may constitute a violation of
Privacy and image rights (among others) to
result of a conviction for damages. Also
if the person (or the legal representative)
gave its agreement, it should be noted,
that
(A) restricts the publication of photos on items
is that in directly to the event link
are, on the occasion of which made the recordings
were,
(B) the consent must be "specific" (d. H. It
must be given for a particular purpose, eg.
B. for a particular event) and then not for
spread other, not originally intended purposes
may be.