The Three-member Misdemeanor Court of Drama acquitted the defendant, who was represented as defense counsel by Thomas Kalokyris, for the offense of spreading fake news (191 BC).
In particular, the Court accepted the claims of the defense that the objective situation was not established of the article 191 of the Civil Code, as it was in force before its amendment by art. 36 of 4855/2021. And that's because the spread of fake news is result offense and no risk for her typesetting of which is actually required to occur the fear of an indefinite number of people, who because of this fear take unplanned actions or abort planned actions, thus damaging the ability to operate public order.
Therefore, the decision concludes, it is not enough for a news story to be false, but it should be clear from the case file that fear occurred to specific persons and that were actually forced to carry out planned operations or to abort them.
Quoted from No. 94/2023 of the Decision of the Three-member Criminal Court of Drama:
<<[…] In accordance with the provision of article 191 of the new PC, as it was in force from the beginning of its validity, -on 01.07.2019 and before its replacement by art. 36 of Law 4855/2021, with entry into force from 12.11.2021, "1. Anyone who publicly or via the internet disseminates or disperses in any way False news with the effect of causing fear in an indefinite number of people or in a certain circle or category of persons, who are thus forced to carry out unplanned actions or to frustrate them, with the risk of causing damage to the economy, tourism or defense capacity of the country or to disrupt its international relations, shall be punished by imprisonment for up to three years or a fine. 2. Whoever through negligence becomes guilty of it act of the previous paragraph is punished by a fine or benefit community service."
For the objective nature of the act, therefore, a} or public or through the Internet spreading or dispersing in any way Fake news, b} thereby causing fear in an indefinite number of people or in a certain circle or category of persons, c} forcing them to carry out unplanned actions or their thwarting and d} the risk (from this coercion) to cause damage to the country's economy, tourism or defense capacity or to disrupt the country's international relations (see E. Kamperou in Interpretation of the New Criminal Code Charalambaki p. 1319).
[….] But it was not proved by any evidence means that the above false news actually led citizens to cancel planned actions [...] with the result that the objective nature of the prosecuted offense is not met, as detailed in the previous legal consideration. Consequently, he should be declared innocent of the act attributed to him according to the indictment [...]
Thomas Kalokiris
MDE lawyer
Min. Doctor of Law, AUTH