PROTECTION OF NICKNAMES AND STAGE NAMES IN BOLIVIA

The protection of personal identity in the Plurinational State of Bolivia extends beyond legal names. The law also safeguards the use of nicknames, stage names, and pseudonyms, ensuring respect for individual dignity, honor, and reputation. This protection is essential in a society where personal identity—whether in artistic, professional, or social contexts—is considered a fundamental right.

This article examines the legal protection of nicknames, stage names, pseudonyms, image, and honor from the perspective of civil and substantive criminal law, without addressing intellectual property regulations related to this topic.

IMPORTANCE OF PROTECTING NAME, PSEUDONYM, AND PERSONAL IMAGE IN BOLIVIA

Under current civil law, a person’s name, pseudonym, and image are recognized as extensions of the right to identity and honor. Anyone harmed by the improper use of their name or pseudonym may file a claim before a judge to assert their rights or request cessation of the harmful use. If applicable, the court may also order the publication of the ruling in the media as a form of public redress.

For example, if an artist uses the pseudonym “Luz de Andes” and another person begins using the same name to promote unrelated events, damaging the artist’s reputation, the original “Luz de Andes” may seek judicial relief to stop the unauthorized use.

DEFAMATION, SLANDER, AND INSULT IN BOLIVIA: HOW TO PROTECT YOUR HONOR

In Bolivia, any act that harms a person’s honor and reputation is criminally punishable. This includes:

• Defamation: Publicly and maliciously spreading statements or traits that may damage someone’s reputation. For instance, if a local media outlet repeatedly publishes false rumors about a well-known actor’s character, it could constitute defamation.
• Slander: Falsely accusing someone of committing a crime. If someone, for example, falsely accuses a singer on social media of a serious offense without evidence, it may be punishable with imprisonment and fines.
• Insult: Directly offending another person’s dignity or decency. An example would be using a writer’s pseudonym in a derogatory way in public or online.

Those who disseminate or reproduce such content may also be held accountable, ensuring that both original perpetrators and those who amplify the offense face consequences.

PROTECTING HONOR AND IMAGE AFTER DEATH IN BOLIVIA

Bolivian law also protects the honor of deceased individuals. Offending the memory of the deceased through defamatory or slanderous expressions is subject to the same penalties. Repeating or spreading these offenses is equally punishable.

For instance, if a media outlet publishes false claims that tarnish the artistic legacy of a renowned Bolivian painter after her death, her family may take legal action to defend her posthumous reputation.

RETRACTION AND EXCEPTIONS IN HONOR-RELATED OFFENSES IN BOLIVIA

Bolivian law allows a person accused of an honor-related offense to be exempt from punishment if they retract their statement before or during the preliminary investigation. However, only one retraction is permitted per incident.

The law also recognizes the “truth exception”, which applies if the defendant can prove that the statements made are true. This is valid when the subject is a public official acting in the scope of their duties or when the complainant agrees to submit the accusation to verification.

PROTECTION OF IMAGE AND VOICE IN BOLIVIA

Civil law prohibits the unauthorized use of a person’s image or voice if such use harms their reputation or dignity. This right may be exercised by the affected person or, if they are unable to act, by their spouse, children, or parents.

A common example is the unauthorized use of a radio host’s voice in an advertisement that misrepresents or distorts their professional image.

RIGHT TO HONOR AND PERSONAL PRIVACY

Every individual has the right to the protection of their good name and private life. No one may interfere with or publicly disclose private matters without consent, except as provided by law.