Cyberbullying Lawyer Athens | Ziamparas Law Firm

Q: How quickly must I take legal action?

For honour offences the formal complaint is lodged within three months from awareness of the act and the perpetrator. For breaches of personal data the deadline is broader, while the civil action for infringement of personality rights is subject to a five-year statute of limitations. Where the infringement is continuous, the deadline starts afresh with each day it remains online. Prompt action is also crucial in order to preserve digital traces.

Q: What documents and evidence do I need?

Screenshots of all offensive posts must be saved, with the date, time and URL clearly visible. Original e-mail messages with full headers must be preserved, as well as photographs or videos that have been published. Witness statements, medical certificates for any psychological impact and any element identifying the perpetrators must be collected. A notarial certification of website content enhances evidentiary value.

Q: What chances do I have of having the perpetrators identified and of being compensated?

The chances of identification are now high, since the Cybercrime Prosecution Directorate has specialised tools and the capacity to lift confidentiality. Once the perpetrators are located, the award of pecuniary compensation is the rule, with the amount depending on the duration of the infringement, the extent of publication and the impact. In serious cases of non-consensual intimate imagery (revenge porn) or systematic bullying, substantial sums are awarded.

Q: What is the role of the lawyer in cyberbullying cases?

The firm takes on the case in its entirety: recording of digital material, sending of an extra-judicial notice, filing of a criminal complaint with the Public Prosecutor's Office of the Court of First Instance and monitoring of the preliminary investigation in cooperation with the Cybercrime Prosecution Directorate, application for interim measures and a lawsuit for pecuniary compensation. In parallel, reports are made to platforms for the takedown of material and an application is submitted to the Hellenic Data Protection Authority where appropriate.

What is Cyberbullying?

Cyberbullying is the systematic intimidation of a person with the aim of causing harm or distress, using technology as the means. The key elements that distinguish cyberbullying from traditional bullying are, on the one hand, the use of technology and, on the other, the fact that the attack by the perpetrator or perpetrators takes place from a distance, which makes them difficult to trace. Cyberbullying is usually directed against a victim who cannot easily defend themselves.

What media are used for Cyberbullying?

The means used for systematic intimidation through the internet may include:

Electronic mail (e-mail),
Text Messaging,
Social Networking Sites, such as Facebook, Twitter, Instagram, TikTok, and so on,
Chat Rooms,
Blogs,
Web Sites, and
online games (Internet Gaming).

What forms does Cyberbullying take?

Online harassment, which takes place through the repeated sending of messages with offensive content, with aims ranging from the emotional exhaustion of the victim to driving them to suicide.
The sending of photographs or videos showing the victim’s nude body, such as videos of intimate moments of a couple which, when they separate, are published online for purposes of revenge (non-consensual intimate imagery).
The tarnishing of professional reputation.
Defamation of the individual.
The posting of photographs of a person, for example of their home, their clothing or their car, with the aim of insulting their personality, where the victim, for financial reasons, cannot reach the “level” of the perpetrators and therefore “offends their aesthetics”.
Identity impersonation, such as the creation of a fake account in the victim’s name with the aim of disclosing personal information or sending false messages to acquaintances and strangers.
The posting on online noticeboards of usually untrue and malicious announcements concerning the victim’s appearance or behaviour.
Online polls, where the topics put to the vote are often demeaning to a specific individual.
The disclosure of personal information (outing).

How is Cyberbullying punished in Greece?

In Greece, the term “cyberbullying” (or electronic bullying) does not exist in the Penal Code (PK), in contrast to traditional bullying, and is not defined as a stand-alone offence. The crime lies in the way it is expressed, which is criminalised separately. That is, the breach and falsification of personal data, defamation, insult, as well as the falsification of data are criminalised and prosecuted on a case-by-case basis.

If you are a minor, how do you defend yourself against Cyberbullying?

You call us by telephone and receive our services free of charge.

If you are an adult, how do you defend yourself against Cyberbullying?

When cyberbullying crosses the limits of legality, you should turn to a specialised cybercrime lawyer. We can take on your case and:

Initially telephone the perpetrators, if we know their details.
Send an extra-judicial notice to warn them to stop the systematic intimidation, if we know the perpetrators.
File a criminal complaint against persons unknown, if we do not know the perpetrators, in order to obtain their digital trace and subsequently their details — name, address, etc.
File an application for interim measures with a request for a temporary restraining order to lift the infringement and impose restrictive measures on the perpetrators, once we have obtained their details.
Bring a direct lawsuit for infringement of personality rights and pecuniary compensation for moral damages, once we have obtained the perpetrators’ details.

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FREQUENTLY ASKED QUESTIONS ABOUT CYBERBULLYING

1. What exactly am I facing when I am subjected to cyberbullying?

Cyberbullying does not constitute a stand-alone offence under the Penal Code (PK), but the individual acts that compose it are punishable by criminal law. The sending of insulting messages constitutes insult; the dissemination of false facts that harm your honour amounts to defamation; the disclosure of personal information or photographs without your consent infringes personality rights and personal data legislation; while the creation of a fake profile using your details may amount to impersonation and computer fraud. At the same time, a civil claim arises for pecuniary compensation for moral damages, independently of the criminal proceedings.

2. What can I do to stop the attack?

The response is structured in stages. When the perpetrators are known, an extra-judicial notice is sent demanding immediate cessation and removal of the material, which also serves as evidence. In parallel, an application for interim measures is filed seeking a temporary restraining order to lift the infringement and prohibit its repetition, which is issued within a short period of time. When the perpetrators are unknown, a criminal complaint against persons unknown is filed with the Public Prosecutor’s Office of the Court of First Instance, which is forwarded to the Cybercrime Prosecution Directorate, so that digital traces can be located through providers and platforms. Finally, a lawsuit for infringement of personality rights is brought and pecuniary compensation is claimed.

3. How quickly must I take legal action?

For honour offences (insult, defamation, slanderous defamation), the formal complaint must be lodged within three months from the moment you became aware of the act and of the perpetrator. The deadline is mandatory and its expiry leads to the criminal prosecution being declared inadmissible. For breaches of personal data the deadline is broader, while the civil action for infringement of personality rights is subject to a five-year statute of limitations. Where the infringement is continuous (the material remains posted), the deadline starts afresh with each day it remains online. Prompt action is also crucial in order to preserve digital traces, since providers retain data for a limited period.

4. What documents and evidence do I need?

Digital documentation is essential before it is lost. Screenshots of all offensive posts, messages and comments must be saved, with the date, time and URL clearly visible. The original e-mail messages with their full headers must be preserved, as well as any photographs or videos that have been published. Witness statements from persons who saw the posts, medical certificates if there is psychological impact, and any element identifying the perpetrators (usernames, profile addresses) must be collected. A notarial certification of website content significantly enhances evidentiary value.

5. What chances do I have of having the perpetrators identified and of being compensated?

The chances of identification are now quite high, since the Cybercrime Prosecution Directorate has specialised tools and the legal capacity to request the lifting of confidentiality from providers and platforms. Once the perpetrators are located, the award of pecuniary compensation for moral damages is the rule, with the amount depending on the duration of the infringement, the extent of publication, the impact on professional and personal life, and the financial situation of the parties. In serious cases of non-consensual intimate imagery (revenge porn) or systematic bullying, the courts award substantial sums. However, each case is judged on its specific facts.

6. What is the role of the lawyer in cyberbullying cases?

Our firm takes on the case in its entirety, from the initial contact through to the final judicial decision. The digital material is recorded and archived in a legally admissible manner; an extra-judicial notice is sent when the perpetrators are known; a criminal complaint is filed with the Public Prosecutor’s Office of the Court of First Instance and the progress of the preliminary investigation is monitored in cooperation with the Cybercrime Prosecution Directorate. Interim measures are sought for the immediate lifting of the infringement and a lawsuit is filed for pecuniary compensation. In parallel, reports are made to social networking platforms for the takedown of the material, and an application is submitted to the Hellenic Data Protection Authority (HDPA) where appropriate. Our firm’s specialisation in cybercrime ensures comprehensive protection.