Lawsuit for Online Insult & Slanderous Defamation on Social Media: A Comprehensive Guide
The internet and social media are integral parts of our daily lives. Unfortunately, many users, hiding behind their screens or utilizing anonymous accounts (trolls), operate under the false assumption that they are beyond the reach of the law. The reality is quite the opposite: the internet is not a lawless space.
If you have been a victim of an online attack, filing a criminal complaint for online insult and initiating legal proceedings for defamation on platforms like Facebook or Instagram are your primary legal remedies.
Insult vs. Defamation: Legal Definitions
It is common to confuse these terms, yet they carry distinct legal definitions under the Greek Penal Code:
- Insult (Art. 361 PC)
- Definition: “Anyone who, outside the cases of defamation (Art. 362 and 363), violates the honor of another by word, act, or any other means, shall be punished with imprisonment of up to one year or a monetary penalty.”
- Context: This refers to the impairment of one’s honor and dignity through offensive remarks, abusive language, or gestures. Online, this manifests as harassing comments on posts, private messages, or offensive video content.
- Defamation (Art. 362 PC)
- Definition: “Anyone who, in any manner, before a third party, asserts or disseminates a fact regarding another person that may damage their honor or reputation, shall be punished with imprisonment of up to two years or a monetary penalty.”
- Context: The perpetrator communicates a fact to third parties that is potentially harmful to the victim’s reputation.
- Slanderous Defamation (Art. 363 PC)
- Definition: “If, in the case of Article 362, the fact is false and the perpetrator knew that it was false, they shall be punished with imprisonment of at least three months… civil rights deprivation may also be imposed.”
- Context: The perpetrator knowingly disseminates false facts, which can severely damage your personal or professional life. Defamation on Facebook (e.g., in a public group) is one of the most prevalent forms of this offense.
The Myth of Anonymity on Social Media
Perpetrators often mistakenly believe that a “fake profile” grants them total anonymity. However, the Cybercrime Unit, in coordination with the Public Prosecutor’s Office, has the legal authority to order the lifting of privacy. By tracing IP addresses and metadata, the identification of individuals behind anonymous posts, comments, or reviews is entirely achievable.
4 Essential Steps to Take
If you are being insulted or defamed online, it is critical to act methodically:
- Do not delete the evidence: The common impulse to delete the comment or block the user can result in the loss of vital evidence. Do not remove anything.
- Document the evidence: Capture high-quality screenshots that clearly display:
- The offensive text/comment.
- The perpetrator’s profile name/ID.
- The date and time of the post.
- The specific URL of the page or post.
- Consult with an Attorney: A formal criminal complaint (egklesi) requires legal precision to be admissible. Your lawyer will draft the document detailing the facts and submit it to the competent Public Prosecutor’s Office.
- Adhere to Deadlines: You have a strictly defined deadline of three (3) months from the day you became aware of the act and the identity of the perpetrator to file a criminal complaint.
Can You Claim Compensation?
Yes. Beyond the criminal proceedings (which may result in imprisonment or criminal fines for the perpetrator), you are entitled to seek redress in Civil Courts. Through a Tort Claim (Civil Lawsuit), you can seek monetary compensation for the non-pecuniary (moral) damage suffered. The court may also order the deletion of the content and a public apology.
Addressing cyberbullying requires specialized expertise. Our office assists you with:
- Evidence Collection: Expert guidance on securing admissible digital material.
- Criminal Procedure: Drafting and submitting the formal complaint for insult or defamation.
- Civil Litigation: Filing lawsuits to maximize your claim for damages.
- Law Enforcement Coordination: Interfacing with the Cybercrime Unit to identify anonymous perpetrators.
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