Compensation for insult and defamation from a media publication

What is insult and defamation caused by a media publication?

The basic concepts of insult and defamation were explained in another of our articles. The case is more special when these actions are committed in a media or digital environment.

Insult inflicted through a media publication occurs when an author in an electronic or printed publication publishes something humiliating to the honor or dignity of another.

Defamation is the disclosure through publication (including media) of a disgraceful circumstance or the attribution of a crime to another. The information must be both false and disgraceful to qualify as defamation.

How can I get protection?

You can obtain protection both through civil and criminal law. Criminal law protection is carried out by filing a complaint with the court, in which the victim must describe the nature of the insult and defamation and provide all evidence of this circumstance. In this case, the victim replaces the prosecutor and must provide full proof of the circumstances under which the act was committed.

For an action to be considered an insult and/or defamation by media publications, the following prerequisites must be met:

• to have false, disgraceful and degrading facts disseminated through an article in a newspaper or electronic publication;
• which have caused non-pecuniary damage, expressed in emotional and psychological shock, as well as damage to reputation;
• there must be a causal link between the disseminated facts and the damages caused.

The two types of proceedings can be conducted in parallel.

From whom may I claim compensation?

Compensation can be claimed by both the author of the article and the publisher of the journalistic article. The latter bears joint and several liability under Art. 49 of the Obligations and Contracts Act (in short "„Civil Code„") as the assignor of another person's work on compiling printed materials, for the damages caused during the performance of this work.

Where is freedom of speech?

Case law draws attention to the fact that, according to Article 39 of the The Constitution of the Republic of Bulgaria, as well as according to the European Convention on Human Rights, freedom of speech is not absolute. Its limits are where the violation of the honor and dignity of another begins.

How will the amount I can receive for the damages I have suffered be determined?

The compensation for non-pecuniary damage in the hypothesis of Art. 45 of the ZZD is determined by the court in accordance with the principle of fairness established in Art. 52 of the ZZD. Fair means that the court determines the exact monetary equivalent of all the pain, suffering and inconvenience suffered by the specific injured person - emotional, physical and mental shocks, which are not only reflected on his psyche, but also create social discomfort for him for a certain period of time, and sometimes a real possibility of adverse future manifestations in his health condition and which in their entirety represent the specific non-pecuniary damage.

How can we help you?

In case you have been the victim of insult or defamation, our team can provide you with a consultation to advise you whether your claim is justified. According to The Bar Law, the lawyer may provide free legal assistance and assistance to: persons entitled to maintenance; persons in financial difficulty; relatives, close friends or another lawyer.

If you wish to claim your rights, our team can represent you in both criminal and civil proceedings.

What is the order of claiming?

1. We attempt to resolve the dispute amicably – we hold a meeting with the responsible person/company, where we try to negotiate the best terms for you. After your approval of the parameters of this agreement, we can proceed to signing it.

2. In the event that the dispute cannot be resolved voluntarily, we will file a civil lawsuit to claim the compensation due to you. In addition to not owing us any upfront fee, we will also do everything possible to exempt you from paying court fees and expenses, if the prerequisites for this, as provided for by law, are met.

3. If there is a criminal case initiated in connection with the tort, we can also represent you in it. In this case, we can bring the claims that would otherwise be the subject of the initiated civil case referred to in point 2.

4. If the case/cases are successful, we file an enforcement case and represent you before a private bailiff, who will assist you in receiving the actual amount awarded by the court decision - through seizure of bank accounts or other appropriate actions.