Chapter 11. On private claims for damages
Article 1
A private claim for damages based on an abuse of the freedom of the press may be pursued only on grounds that the printed matter to which the claim relates contains an offence against the freedom of the press. Unless otherwise provided below, such a claim may be pursued only against the person liable under penal law for the offence under Chapter 8. If, by reason of circumstances under Chapter 8, Article 10, liability has passed to such a person, the claim may also be pursued against the person liable forthwith before him or her, provided that, and to the extent that, grounds exist in law for the pursuit of such a claim.
The provisions of Chapter 8, Article 12, concerning liability under penal law apply also with regard to private claims for damages.
Relevant provisions of law apply with regard to private claims for damages in respect of offences under Chapter 7, Article 2 or 3.
Article 2
A private claim for damages which may be pursued against the responsible editor of a periodical or his or her deputy may be pursued also against the owner. In the case of other printed matter, a claim which may be pursued against the author or editor may be pursued also against the publisher.
Article 3
If a person is liable for damages on account of an offence against the freedom of the press as legal representative of a legal person, or as a guardian, trustee or administrator, the claim for damages may also be pursued against the legal person, or the person for whom the guardian, trustee or administrator was appointed, provided that, and to the extent that, grounds exist in law for the pursuit of such a claim.
Article 4
If a person is liable together with another person for damages under this Chapter, such persons are liable jointly and separately. The apportionment of liability between the parties is determined in accordance with relevant provisions of law.
Article 5
A private claim for damages may be pursued on account of an offence against the freedom of the press even if liability under penal law has lapsed or an action under penal law is otherwise excluded.
