Global Freedom of Expression

Español العربية

The Case of Kostas Vaxevanis

Closed Expands Expression

Key Details

  • Mode of Expression
    Press / Newspapers
  • Date of Decision
    September 12, 2016
  • Outcome
    Decision - Procedural Outcome, Reversed Lower Court, Decision Outcome (Disposition/Ruling), Acquittal
  • Case Number
    N/A
  • Region & Country
    Greece, Europe and Central Asia
  • Judicial Body
    Appellate Court
  • Type of Law
    Criminal Law
  • Themes
    Defamation / Reputation
  • Tags
    Journalism, Libel, Criminal Defamation

Content Attribution Policy

Global Freedom of Expression is an academic initiative and therefore, we encourage you to share and republish excerpts of our content so long as they are not used for commercial purposes and you respect the following policy:

  • Attribute Columbia Global Freedom of Expression as the source.
  • Link to the original URL of the specific case analysis, publication, update, blog or landing page of the down loadable content you are referencing.

Attribution, copyright, and license information for media used by Global Freedom of Expression is available on our Credits page.

Case Analysis

Case Summary and Outcome

The Athens Court of Appeal overturned the 2015 criminal conviction of Greek journalist Kostas Vaxevanis for defamation. The charges had been brought on the basis of an article published in 2013 that allegedly defamed a prominent Greek businessman. The first instance court had found Vaxevanis guilty and sentenced him to a three-year suspended prison term.

Columbia Global Freedom of Expression could not identify the official legal and government records on the case and the information contained in this report was derived from secondary sources. It should be noted that media outlets may not provide complete information about this case. Additional information regarding the case will be updated as official sources become available.


Facts

Kostas Vaxevanis is a prominent Greek investigative journalist and the director of the Greek magazine “Hot Doc.” In April 2013, “Hot Doc” published an investigative piece written by Vaxevanis on the alleged role of Andreas Vgenopoulos, a well-known Greek businessman, in the 2012 Cyprus financial crisis. In addition to the article, the magazine’s edition cover image depicted Vgenopoulos in the foreground, smoking a cigar, while a Euro symbol emblazoned with the Cypriot flag sinks into the sea behind him.

Vgenopoulos complained to the prosecutor’s office, which in turn brought charges of defamation against Vaxevanis and Yiannis Symeonides, another journalist from Hot Doc. The charges were brought under the Greek Penal Code, Article 363 that penalizes “aggravated defamation” with imprisonment of up to 3-months and a fine. The law defines the crime as defamation in which the information was false and the perpetrator knew it to be false.

In March 2015, a first instance court in Athens found Vaxevanis guilty of criminal defamation and sentenced him to a three-year suspended prison term. It is reported that Vaxenavis unsuccessfully attempted to use the defense of truth to exonerate himself from the charges.


Decision Overview

On September 12, 2016, a unanimous decision from a three-judge panel of the Athens Court of Appeal acquitted Kostas Vaxevanis from charges brought under Article 363 of the Greek Penal Code.


Decision Direction

Quick Info

Decision Direction indicates whether the decision expands or contracts expression based on an analysis of the case.

Expands Expression

International and European standards of freedom of expression dictate that defamation should not be criminalized. In upholding these values, the Court is expanding freedom of expression. In the words of Vaxinevis, the judgment was “surely not only a win for journalism and the truth, but also a restoration of justice’s function and validity.”

Global Perspective

Quick Info

Global Perspective demonstrates how the court’s decision was influenced by standards from one or many regions.

Table of Authorities

National standards, law or jurisprudence

Case Significance

Quick Info

Case significance refers to how influential the case is and how its significance changes over time.

This case did not set a binding or persuasive precedent either within or outside its jurisdiction. The significance of this case is undetermined at this point in time.

Official Case Documents

Reports, Analysis, and News Articles:


Have comments?

Let us know if you notice errors or if the case analysis needs revision.

Send Feedback