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The Court clarified that a precise fact was one “whose truth or falsity can be the subject of proof” and found that Hansen’s comment presented “a very general and vague point of view and did not allow for proof of its truth or falsity” and therefore could not constitute slander.
It is also noted that, without prejudice and prior the awarding of civil damages, “in the even information damaging a person’s honour or reputation is published, the courts may, even when acting on an urgent application … However, Luxembourg law restricts the defence of truth in several ways.
Media liability The Law on Freedom of Expression (Art.
21) states that both civil and penal responsibility lies first with the “collaborator”; if unknown, then the publisher; if also unknown, then the distributor.
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