Belgium has abolished prison sentences for lese-majesty, defined as an attack on the authority of the monarch or the royal house, but defamation of the king can still lead to a prosecution.
Lese-majesty in its present sense has been dropped from the new Belgian penal code as an offence, but that doesn’t mean there is a free-for-all for anybody wishing to make a verbal or written attack on the head of state or the royal house. Just like any other individual the king and royals will enjoy legal protection against defamation, the damaging of the their reputation by untruths.
Until now lese-majesty could still land you in jail for up to three years and a fine was also possible. The offence was introduced by legislation dating from 1847 when it was deemed necessary to protect Belgium’s young monarchy. In the intervening years few have been the prosecutions.
In 2021 Belgium’s constitutional court ruled the law violated the right of freedom of expression, arguing the law granted the king wider protection than other individuals and this was no longer required.
In future lese-majesty will be defined as defamation and intent to defame will be required if any prosecution is to proceed. The term has been retained given the head of state’s exceptional constitutional role.
Under the new penal code lese majesty can only result in a fine, a probation sentence or a work punishment.