Compensation for insult and defamation on social networks?

The possibilities of the Internet, and in particular social networks, are immense. However, they can also become a particularly dangerous terrain for expressing opinions, uttering insults or making threats. There are many cases of statements saturated with hatred, insults, comments and incorrect statements.

How far does the right to free expression extend on the Internet and social networks?

On the one hand, the right to free expression is guaranteed by law and many international instruments. The Constitution of the Republic of Bulgaria unequivocally protects the right to honor, dignity and good name of every person.

Therefore, the expression of opinion is free and unlimited, as long as it does not harm the honor, dignity and good name of other members of society.

Am I committing a crime if I post offensive or untrue things about someone?

Saying or doing something humiliating or undermining the authority and honor of another is a crime – insult. Disclosing disgraceful circumstances about another is slander. It can be concluded that expressing an opinion on social networks, which in one way or another causes inconvenience and anxiety, is threatening or offensive in nature and corresponds to the criteria specified in the Criminal Code, is also punishable.

„"In order to accept that there is an insult, it must be established that the perpetrator's behavior contradicts generally accepted norms of ethical behavior and normal human communication. In the case of verbal insult, the words and expressions either have an initially derogatory meaning, or their offensive intent is inferred from the context in which they are used" - this is what the Supreme Court of Cassation (SCC) accepted in one of its decisions.

In another similar case, the court accepted that the insult was spread on social networks: „In the modern conditions of the media space and the possibilities for distributing information, it cannot be categorically defined as no"a constituent insult made via the Internet with the objection that it is absent, since such a statement would become the basis for serious deviations from the accepted legal and moral standards regarding the boundaries of the crime of insult.".

Is every unethical statement a crime?

No, not every unethical statement can be qualified as a crime. Practice assumes that when a statement is a manifestation of the right to free expression, it is not a crime.

The conclusion is that insulting or defaming on the Internet, to the extent that it is not simply an expression of opinion, gives rise to the criminal liability of the perpetrator.

What is the procedure if you have been the victim of an insult on social networks?

Since these crimes are of a private nature, cases of insult and defamation committed on social networks are initiated at the request of the victim (and not by the prosecutor). This is done by filing a private complaint with the relevant district court. The complaint is filed within six months of becoming aware of the crime. The state fee for initiating such a case is 12 leva.

What punishments can the court impose for such acts?

The court may punish the guilty party with a fine of BGN 1,000 to BGN 3,000 for insult and BGN 3,000 to BGN 7,000 for defamation. In the presence of mitigating circumstances, the court may release the offender from liability or impose a lighter punishment.

The fines are collected forcibly from the perpetrator and go to the budget of the relevant institution or the NRA.

If you have suffered an insult or defamation on the Internet, are you entitled to compensation for non-pecuniary damages?

Apart from the above-mentioned fines, the victim may claim compensation for damages resulting from the violation of honor, dignity and good name. Most often, these damages are non-pecuniary, expressed in negative emotions such as stress, psychological distress, etc. If a criminal case has been initiated on a complaint, as described above, an explicit request must be made for the award of compensation for non-pecuniary damages. It is possible that the criminal court will not admit your claim for compensation.

In this case, you must file a separate claim with the civil court, which is heard in a separate civil proceeding. The outcome of the criminal case is of great importance for this case. The amount of compensation is determined by the court in equity, taking into account the specific circumstances of the case.

If you believe that you have been the victim of insult or defamation on social networks, whether it is Facebook, Instagram, Twitter or another, do not hesitate to contact the Delikti.bg team. We will help you make a proper assessment of the specific situation and make the best decision to protect your rights!