Protection against online defamation

What it is

The right against online defamation is the right to be protected from damage to your reputation through content published on the internet (social media, websites, blogs, forums, reviews) that:

• attributes to you dishonourable, offensive or degrading facts;
• is communicated to several people;
• harms your personal or professional image.

The elements of online defamation

Damage to reputation

• Attribution of facts that harm your honour or dignity.
• Not necessarily false: even true facts can be defamatory.
• Offensive judgements, insinuations, accusations.

Communication to several people

• A public post on social media.
• An article on a blog or website.
• A comment visible to others.
• An online review.

The victim can be identified

• Even without their full name.
• It is enough that readers can recognise you.

The online aggravating circumstance (Art. 595(3) Criminal Code)

Online defamation falls under the aggravated offence that applies when the damage is caused through the press or any other means of publicity:

• a heavier penalty: imprisonment from 6 months to 3 years or a fine;
• compared with a fine or imprisonment of up to 1 year for simple defamation;
• because the spread is wider, the content stays online and the damage is amplified.

The limit: freedom of expression

It is not defamation when it is:

• legitimate criticism, even harsh, if supported by facts;
• the exercise of the right to report the news (true facts, public interest);
• political satire recognisable as such;
• personal opinions that are not offensive.

Where it happens

Social media

Posts on Facebook, Instagram, X

• “John Doe is a scammer, don’t pay him”
• “Mike Smith stole money from the company”
• “Jane Green is a bad person”

Public comments

• Offensive comments under other people’s posts.
• Defamatory replies to a tweet.
• Offensive YouTube comments.

Stories and reels

• Even if they are temporary (24 hours), screenshots are evidence.
• The defamation is instant, but it can be documented.

Websites and blogs

Defamatory articles

• Personal blogs with false accusations.
• “Counter-information” sites with defamatory content.
• Forums with offensive threads.

False or offensive reviews

• On Google: “Dirty restaurant, dishonest owner”.
• On TripAdvisor: false reviews written to cause damage.
• On Trustpilot: defamation disguised as reviews.

Groups and chats

• Facebook and WhatsApp groups: if the messages are shared with several people; even private chats, if they are later spread.
• Telegram and Discord: public channels or large groups.

Videos and podcasts

• YouTube: videos that defame you, offensive descriptions.
• Podcasts: episodes with false accusations.

When it does not apply

The right to report the news

All these requirements must be met:

• true facts (objective truth);
• public interest (relevance to the community);
• restraint (correct form, no gratuitous offence).

The right to criticise

• A personal opinion, not the attribution of false facts.
• A factual basis: true facts from which the opinion derives.
• Public interest or a legitimate private interest.
• Restraint in expression.

Satire

• Recognisable as satire or caricature.
• Aimed at a public figure or a well-known event.
• Obvious exaggeration, not credible as fact.