Defamation on TV against a religious organization

Are legal entities entitled to compensation for non-pecuniary damage?

By a Decision of 10.03.2020, the Supreme Court of Cassation awarded compensation to a religious organization for non-pecuniary damage caused by insulting and defamatory statements made through the mass media. Thus, the court applied the case law of the European Court of Human Rights concerning compensation for non-pecuniary damage to legal entities.

Since non-pecuniary damages are most often expressed in pain and suffering, mental anguish, etc., until recently it was assumed that only natural persons could suffer such damages. The arguments in this regard were that non-pecuniary damages presuppose a sense through which they can be perceived.

What are non-pecuniary damages?

Non-pecuniary damages can be expressed in:

• bodily pain and suffering
• in mental unrest,
• anxiety
• damage to reputation;
• damage to the good name in society, etc.

Taking into account the many possible manifestations of non-pecuniary damage, in its practice the European Court of Human Rights has accepted as reasonable and fair the compensation for them when they occur to legal entities as a result of a violation of their rights and freedoms. .

In which cases does non-pecuniary damage occur for legal entities?

In the event of a violation of any of the rights granted to all legal entities, the latter may seek protection through legal proceedings. Such cases include, for example, the following:

• violation of the right to a fair trial within a reasonable time (Art. 6 ECHR);
• right to freedom of religion (art. 9 ECHR);
• right to an effective remedy before the relevant national authorities (Article 13 ECHR) etc.

By a Decision of 10.03.2020, the Supreme Court of Cassation awarded compensation to a religious organization for non-pecuniary damages incurred as a result of insulting and defamatory statements made in the mass media. Specifically, insulting and defamatory statements were made against a religious organization in a television broadcast. The court accepted that these actions affected the organization's good name in society, its prestige and its public image.

How do I claim compensation for insult and defamation from media publications?

How is compensation claimed for non-pecuniary damage suffered by legal entities?

According to Bulgarian and European legislation, all damages that are a direct and immediate consequence of a legal offense are subject to compensation.

Claiming compensation by legal entities becomes by court order. The damages incurred must be proven, whether pecuniary or non-pecuniary. This is usually proven through witnesses, and the amount of compensation is determined by the court. in justice.

In the case in which the above-mentioned decision was made, the offensive and defamatory statements became known to a large circle of people who watched the broadcast. As a result, even members of the religious organization felt affected and hurt.

What if the insult was inflicted through a social network?

Religious organizations as victims of non-pecuniary damage

The European Court of Human Rights has awarded compensation for non-pecuniary damage suffered by religious organizations in its case law. In turn, these decisions are binding on Bulgarian courts.

Religious organizations are provided for in our Law on Religions as legal entities and have the right to compensation. They can claim damages from unlawful acts, actions or inactions of state bodies and officials in or on the occasion of the performance of administrative activities, delayed justice, violated right to equal treatment, etc.

There is no reason to exclude the possibility of awarding compensation for non-pecuniary damage to religious organizations and for defamatory statements made through the mass media, undermining their authority. The expression of offensive and defamatory statements regarding the religious organization is essentially an infringement of their defensible right.

The adverse consequences are damage to reputation and harm to the good name in society. They cannot be valued in money, therefore they are considered non-pecuniary damages and are subject to compensation.

In our country, the right to compensation for non-pecuniary damages suffered by legal entities is regulated in various acts, such as the Law on the Liability of the State and Municipalities for Damages, the Commerce Law, the Trademarks and Geographical Indications Law, the Industrial Design Law, the Protection from Discrimination Law, etc.