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Insult and Defamation
Am I entitled to compensation for insult or defamation?
Insult and defamation are offences directed against the individual and against a person’s good name and reputation. These acts are regulated under Section VII of the Criminal Code and constitute offences of a private nature. This means that every injured person may file a private complaint before the court without the involvement of the prosecutor’s office.
In addition to criminal-law protection, victims of insult or defamation are entitled to bring a civil claim for compensation for non-pecuniary damages (negative emotions, stress, or depressive conditions) suffered as a result of the act.
Offensive acts may include insults or gestures damaging your honour, dignity, good name, authority, or self-esteem. The context is also important – they must not be made as a joke, but clearly aimed at harming honour and dignity.
How can I protect myself if I am a victim of insult?
Protection may be sought under criminal law and civil law. Under criminal law, protection is achieved by filing a private complaint before the court. In such proceedings, the victim must prove the fact of the insult and the damages caused by it. The penalty is a fine of EUR 500 to EUR 1,500, and the court may also impose public reprimand.
It is important to note that if the victim has responded with an insult, the court may release both parties from punishment.
The penalty is increased if the insult is:
- committed publicly;
- disseminated through printed material or another manner;
- directed to or by a public official or public representative in connection with the performance of official duties.
Under civil law, protection is achieved by filing a tort claim seeking compensation for pecuniary or non-pecuniary damages suffered.
Both forms of protection may be combined by joining the civil claim to the criminal proceedings or by conducting both proceedings in parallel.
What is defamation?
Defamation is the disclosure of a disgraceful circumstance or falsely accusing another person of a crime. The disclosure of such circumstances must have been made before another person, in the absence of the person concerned. The information must be both false and damaging to reputation in order to qualify as defamation. This is an intentional offence – meaning that the person making the defamatory statements must have intended to disgrace you and spread false information.
How can I protect myself if I am a victim of defamation?
In cases of defamation, you may again seek protection under criminal law and civil law. In private complaint proceedings, the complainant must prove that the statements spread about them are untrue.
In addition to the possibility of claiming pecuniary and non-pecuniary damages under civil law, the penalty that may be imposed on the perpetrator of this private offence is a fine of EUR 1,500 to EUR 3,500 and/or public reprimand. Fines for insult and defamation are paid to the state budget, not to the injured person.
If the truth of the disclosed circumstances or attributed crimes is proven, the perpetrator is not punished.
