EDUSKUNTA - PARLIAMENT OF FINLAND
Research Service
29.9.2014
ECPRD Request 2637
Media and privacy violation of individuals
Dear colleagues,
Here are the replies of the Finnish Parliament:
1. Do you have legislation about compensation responsibility for defamation and privacy violation of in-
dividuals exposed in the press?
In Finland, the right to compensation in situations like meant in the question is regulated by Chapter 5,
Section 6 of the Tort Liability Act (412/1974):
“Persons who have suffered anguish because of a violation are entitled to compensation
when:
1) their liberty, peace, honour or privacy has been violated with a punishable offence;
2) they have been discriminated against with a punishable offence;
3) their personal integrity has been grievously infringed intentionally or through gross neg-
ligence;
4) their human dignity has otherwise been grievously infringed intentionally or through
gross negligence in a manner comparable to the violations mentioned in subsections 1-3.
The compensation amount is determined based on the anguish that the violation is likely to
cause taking into special consideration the nature of the violation, the status of the violated
person, the relationship between the violator and the violated as well as the publicity of the
violation.”
The Swedish-language version of this statute is also appended.
Subsection 1 of the mentioned Section refers to punishable offences that are prescribed in sections 8, 8a, 9
and 10 of Chapter 24 of the Criminal Code. The mentioned Criminal Code sections are appended in Swe-
dish.
2. Who has the right to take proceedings?
Pursuant to Chapter 5, Section 6 of the Tort Liability Act, the person who has been offended against is
entitled to initiate compensation proceedings. The compensation claim will be handled by the courts as a
civil procedure.
Postal address:
FI-00102 Eduskunta - Parliament of Finland
FINLAND
Visiting address:
Mannerheimintie 30
Internet:
www.parliament.fi
Telephone:
+358 9 4321
Fax:
+358 9 432 2180