How to complain if you believe that you have been a victim of defamation?
If you believe that defamatory statements have been made public about you, there are several ways that you can protect your rights:
Complaint to the media
If the facts or opinions that you believe are defamatory are published in the press or through electronic media, you have a right to ask that media to retract the untrue statements of fact or publish your correction to the opinion. In your complaint to the media, you should indicate which facts or information you consider false or defamatory, as well as the date and place of publication. The editor of the media has to inform you in which issue or programme the requested correction will be published, or that it will be rejected, within 24 hours of receiving the request. The correction must be published:
- if the media outlet is published monthly or at longer intervals and the request for publication arrives at least 14 days before publication, in the first edition or broadcast of the media outlet after receipt of the correction
- in all other cases, at the latest in the second edition or equivalent of the media outlet after receipt of the correction
- in the case of electronic publications, within 48 hours of receipt of the correction
If he/she agrees to retract the untrue facts or apologize for the false or defamatory opinions, it should be done in the same way that the information was published.
example If the information was initially printed on the first page of a newspaper in bold capital letters, the retraction should be published in the same typestyle and on the same page as it was originally printed.
Civil claim
You may bring a civil claim to the court against the author and disseminator of the defamatory expressions. You can also bring this claim if you have already asked the relevant media to retract the information that you believe is defamatory, but the editor has refused to do so. It is also possible to file a civil claim where the defamatory expressions were not published in the media, but expressed in front of a considerable audience or otherwise distributed. The civil remedies which you can claim in a court may include one, or a combination, of the following measures:
- request for the retraction of the untrue statements
- a claim for monetary compensation
If you are asking for compensation, you should indicate to the court why you are asking for that amount specifically.
Criminal proceedings
You can bring private prosecution in the cases of offences against honour and reputation (defamation, libel, etc.). Private prosecutions are those in which the victim prosecutes the offender. The victim acts as a prosecutor, which means that he/she must bring the private action, bears the burden of proof and, if unsuccessful, bears the costs of the proceedings.
The private action must be brought before the competent court within six months of the date on which the victim became aware of the offence and the perpetrator and must pay a court fee at the time of filing. The victim may withdraw the private action until the end of the main hearing, but in such a case he/she loses the right to refile it.
Additional civil claim
If the police initiate a criminal case and indict the accused, you may claim the monetary compensation from the accused during the criminal proceedings. However, if your claim for monetary compensation is not fully satisfied within the criminal proceedings, you may bring a separate civil claim.