DELFI AS v. ESTONIA JUDGMENT 9 obligations performed in good faith. A right shall not be exercised in an unlawful manner or with the aim of causing damage to another person. 33. Paragraph 2 of section 134 of the Obligations Act (Võlaõigusseadus) provides: “In the case of an obligation to compensate for damage arising from ... violation of a personality right, in particular from defamation, the obligated person shall compensate the aggrieved person for non-pecuniary damage only if this is justified by the gravity of the violation, in particular by physical or emotional distress.” 34. Section 1043 of the Obligations Act provides that a person (tortfeasor) who unlawfully causes damage to another person (victim) shall compensate for the damage if the tortfeasor is culpable (süüdi) of causing the damage or is liable (vastutab) for causing the damage pursuant to law 35. Section 1045 of the Obligations Act stipulates that the causing of damage is unlawful if, inter alia, the damage is caused by violation of a personality right of the victim. 36. The Obligations Act further provides: Section 1046 – Unlawfulness of damage to personality rights “(1) Defamation of a person, inter alia by passing undue judgment, by the unjustified use of the name or image of the person, or by breaching the inviolability of the private life or another personality right of the person, is unlawful unless otherwise provided by law. Upon the establishment of unlawfulness, the type of violation, the reason and motive for the violation and the gravity of the violation relative to the aim pursued thereby shall be taken into consideration. (2) The violation of a personality right is not unlawful if the violation is justified in view of other legal rights protected by law and the rights of third parties or public interests. In such cases unlawfulness shall be established on the basis of the comparative assessment of different legal rights and interests protected by law.” Section 1047 – Unlawfulness of disclosure of incorrect information “(1) Violation of personality rights or interference with the economic or professional activities of a person by way of disclosure [avaldamine] of incorrect information or by incomplete or misleading disclosure of information concerning the person or the activities of the person, is unlawful unless the person who discloses such information proves that, upon disclosure thereof, the person was not aware and was not required to be aware that such information was incorrect or incomplete. (2) Disclosure of defamatory matters concerning a person, or matters which may adversely affect the economic situation of a person, is deemed to be unlawful unless the person who discloses such matters proves that the statement he or she makes is true. (3) Regardless of the provisions of subsections (1) and (2) of this section, the disclosure of information or other matters is not deemed to be unlawful if the person who discloses the information or other matters or the person to whom such matters are disclosed has a legitimate interest in the disclosure, and if the person who discloses