Country guide · Europe
This guide is general information about the law in Belgium, checked against the sources listed below on November 1, 2026. It is not legal advice. Laws change and every case is different: for advice on your situation, speak to a qualified lawyer in Belgium.
01Defamation law in Belgium
Where the law comes from
Belgian defamation law has two main sources. The new Criminal Code, in force since 1 September 2026, defines calumny in Article 240 and public insult in Article 244. On the civil side, Article 6.5 of Book 6 of the Civil Code makes a person liable for harm caused to someone else through their fault, and Article 6.31 lets a judge award extra compensation, equal to all or part of the net profit made, when someone deliberately violated a personality right or harmed another person's honor or reputation in order to make a profit.
Sources1Criminal Code of 29 February 2024 (Code pénal), Arts. 240 and 244 (Justel, in force 1 September 2026)2Law of 7 February 2024 containing Book 6 "Extra-contractual liability" of the Civil Code, Arts. 6.5, 6.6 and 6.31 (Justel, in force 1 January 2025)
Is defamation a crime?
Defamation is a criminal offense in Belgium. The new Criminal Code replaced the 1867 Code on 1 September 2026, and under it calumny (Article 240), malicious false reports to the authorities (Article 242) and public insult (Article 244) each carry a level 1 penalty, the lowest tier, which Article 36 defines mainly as a fine of 200 to 20,000 euros or alternatives such as community service or probation. Article 150 of the Constitution assigns press offenses to a jury, except press offenses inspired by racism or xenophobia.
Sources1Criminal Code of 29 February 2024 (Code pénal), Arts. 36, 240, 242 and 244 (Justel, in force 1 September 2026)3Criminal Code of 8 June 1867, repealed by the Law of 3 March 2026, Art. 129, 4°, effective 1 September 2026 (Justel)4Belgian Constitution, Art. 150 (Justel)
Statute of limitations
Belgian law does not separate libel from slander for this purpose. A civil damages claim based on extra-contractual liability, which covers defamation, must be filed within five years, counted from the day after the victim learned of the harm and the identity of the person responsible. In any case, the claim is barred twenty years after the day following the event that caused the harm.
Source5Former Civil Code, Art. 2262bis, § 1 (Justel, consolidated text)
Retraction and correction
The Law of 23 June 1961 gives any person or company named or implicitly identified in a periodical the right to have a reply published free of charge, if requested within three months. The reply may be up to 1,000 letters or twice the space taken by the original text, and it must run in full, in the same place and type, in the first issue published after two clear days from filing. The federal rules for radio and TV programs require a registered letter sent within 30 days of the broadcast, but those provisions have been repealed or replaced by community rules in parts of the country.
Source6Law of 23 June 1961 on the right of reply, Arts. 1-4, 7-8 (Justel, consolidated text)
Defenses and public figures
Under Article 240 of the Criminal Code, there is no calumny if the accused shows, by any means, that the alleged fact is plausible, but this does not apply when the accusation was made to cause harm with no public or private interest behind it. Article 246 shields speeches and documents presented before the courts from prosecution when they relate to the case or the parties. Article 25 of the Constitution protects press freedom and bars prosecution of the publisher, printer or distributor when the author is known and lives in Belgium.
Sources1Criminal Code of 29 February 2024 (Code pénal), Arts. 240 and 246 (Justel, in force 1 September 2026)4Belgian Constitution, Art. 25 (Justel)
02Online harassment, cyberstalking and doxxing in Belgium
Cyberstalking
The new Criminal Code deals with stalking-type behavior, online or offline, through the general harassment offense in Article 237. It covers deliberately disturbing a person's peace, even a single time, when the offender knew or should have known it would seriously affect that person, and carries a level 2 penalty. Article 238 raises this to level 3 when the victim is a minor or vulnerable, the offender is in a position of authority or trust, or two or more people act together.
Online harassment
Online harassment falls under the same harassment offense in Article 237 of the Criminal Code, whose wording is not tied to any particular medium. Under Article 36, a level 2 penalty means six months to three years in prison or an alternative such as electronic monitoring, community service or probation. Maliciously insulting a specific person in public, by any means, is a separate offense under Article 244.
Intimate images shared without consent
Article 136 of the Criminal Code makes it an offense to deliberately show, make available or distribute images or audio of a person who is nude or engaged in explicit sexual activity without their agreement or knowledge, even if they agreed to the material being made. It carries a level 3 penalty. Article 137 covers the same conduct done with malicious intent or for profit, Article 135 covers voyeurism, and Articles 142 to 149 raise the penalties when, for example, the victim is a minor or vulnerable.
03Data protection and the right to have content removed
As an EU member state, Belgium applies the GDPR, including the right to have personal data erased. The Belgian Data Protection Authority explains that you can ask for erasure when, for example, you withdraw your consent, the organization no longer needs the data, the data was collected while you were a minor, or erasure is legally required, and it offers a model request letter. If your complaint is about your rights, you generally must first exercise them with the organization and wait one month for a reply before filing a complaint with the Authority.
Sources7Belgian Data Protection Authority, "Quels sont mes droits ?" (right to erasure)8Belgian Data Protection Authority, "Introduire une plainte"
04How to remove defamatory content in Belgium
How to remove defamatory content in Belgium
A lawsuit is one route, but it is slow, costly and public. Much harmful content can come down sooner through the platform’s own reporting process, a legal notice to the site owner or host, or a removal request to search engines. The right route depends on where the content lives and on the law that applies to it.
Media Removal reviews each case and recommends the fastest route that fits it. Removal always depends on each platform and, where relevant, the courts.
05Frequently asked questions about defamation in Belgium
How long do you have to sue for defamation in Belgium?
A civil damages claim generally has to be filed within five years, counted from the day after you learned of the harm and who was responsible. In any case, the claim is barred twenty years after the day following the harmful event.
Is defamation a crime in Belgium?
Yes. Under the Criminal Code in force since 1 September 2026, calumny and public insult are criminal offenses that carry the lowest penalty level, mainly a fine or an alternative sentence. The Constitution assigns press offenses to a jury, except those inspired by racism or xenophobia.
Is truth a defense to defamation in Belgium?
Not in a strict sense. Under Article 240 of the Criminal Code, there is no calumny if the accused shows, by any means, that the alleged fact is plausible. This does not apply when the accusation was made to cause harm with no public or private interest behind it.
Can I make a Belgian newspaper publish my reply?
Under the Law of 23 June 1961, anyone named or implicitly identified in a periodical can ask for a free reply within three months. The publisher can refuse in some cases, for example if the reply is unrelated to the original text or is insulting, but otherwise it must run in full, in the same place and type, in the first issue published after two clear days from filing.
Is sharing intimate images without consent illegal in Belgium?
Yes. Article 136 of the Criminal Code punishes deliberately showing or distributing nude or sexual images or audio of someone without their agreement or knowledge, even if they agreed to the material being made. Doing it with malicious intent or for profit is a separate offense, and penalties are higher in aggravated cases, such as when the victim is a minor or vulnerable.
06Defamation laws in nearby countries
07Sources
- Criminal Code of 29 February 2024 (Code pénal), Arts. 240 and 244 (Justel, in force 1 September 2026)
- Law of 7 February 2024 containing Book 6 "Extra-contractual liability" of the Civil Code, Arts. 6.5, 6.6 and 6.31 (Justel, in force 1 January 2025)
- Criminal Code of 8 June 1867, repealed by the Law of 3 March 2026, Art. 129, 4°, effective 1 September 2026 (Justel)
- Belgian Constitution, Art. 150 (Justel)
- Former Civil Code, Art. 2262bis, § 1 (Justel, consolidated text)
- Law of 23 June 1961 on the right of reply, Arts. 1-4, 7-8 (Justel, consolidated text)
- Belgian Data Protection Authority, "Quels sont mes droits ?" (right to erasure)
- Belgian Data Protection Authority, "Introduire une plainte"