6 EINARSSON v. ICELAND JUDGMENT Article 235 “If a person alleges against another person anything that might be harmful to his or her honour or spreads such allegations, he shall be subject to fines or to imprisonment for up to one year.” Article 236 “Anyone who, against his or her better knowledge, makes or disseminates a defamatory insinuation shall be liable to up to two years’ imprisonment. Where such an insinuation is published or disseminated publicly, even though the person publishing or disseminating it has no reason to believe it to be correct, the sentence shall be a fine or up to two years’ imprisonment.” Article 241 “In a defamation action, defamatory remarks may be declared null and void at the demand of the injured party. A person who is found guilty of a defamatory allegation may be ordered to pay to the injured person, on the latter’s demand, a reasonable amount to cover the cost of the publication of a judgment, its main contents or reasoning, as circumstances may warrant in one or more public newspapers or publications.” Article 242 “The offences referred to in the present Chapter shall be subject to indictment as follows: ... 3. Lawsuits on account of other offences may be brought by the injured party alone.” 20. Section 26(1) of the Tort Liability Act No. 50/1993 (Skaðabótalög) reads: “A person who a. deliberately or through gross negligence causes physical injury or b. is responsible for an unlawful injury against the freedom, peace, honour or person of another party may be ordered to pay non-pecuniary damages to the injured party.” 21. Section 145 of the Criminal Procedure Act No. 88/2008 (Lög um meðferð sakamála) reads: “When the prosecutor has received all the evidence in the case and made sure that the investigation has been completed, he/she examines whether or not the defendant should be indicted or not. If the prosecutor feels that what has already been gathered is not sufficient or likely to lead to a conviction, he/she takes no further action, but otherwise he/she initiates a criminal case against the defendant, according to Article 152, cf. however Article 146.”