Online Defamation: Legal Defence & Reputation Recovery

A malicious comment on Facebook or a fake Google review can destroy a career or a business built up over years of hard work. At ZIAMPARAS & ASSOCIATES, we do not stop at theory. We act immediately to halt the offence and restore the truth.

Our Twofold Advantage: Legal & Technical

Why choose us? The answer lies in the combination of two disciplines.

• As Lawyers: We know how to substantiate a criminal complaint for defamation (Article 363 of the Penal Code (PK)) and to claim substantial damages.

• As Computer Engineers: We understand digital traces. We can guide the process of identifying the IP address behind “anonymous” profiles and secure electronic evidence before it is deleted.

What we can do for you:

1. Interim Measures: Filing of an application for a temporary restraining order so that any infringement of your personality rights ceases within a few days.

2. Criminal Complaint & Identification of the Perpetrator: Legal action with the Cybercrime Prosecution Unit and service providers to identify the users behind fake profiles.

3. Compensation: Pursuit of pecuniary compensation for the moral damages and the professional loss you have suffered.

“Anonymity on the internet is a myth. Every infringement leaves traces, and every offender can be made to face the consequences of the law.”

Begin Your Defence Today

Do not let time slip away. Digital evidence is fragile, and silence is taken as weakness.

In greater detail:

How easy is it to face a criminal complaint for defamation through Facebook over a single post? Can a person who feels offended by a post bring legal action against the user who made the post, demanding a retraction and/or financial compensation, invoking moral damages on account of an inaccurate publication? Online defamation can take place in the following ways: (1) Through electronic mail (e-mail), by sending a message. (2) Through mailing lists from groups of subscribers. (3) Within the framework of newsgroups and discussion fora. (4) Through commentary placed underneath a post, where a climate of “conversation” between users may develop. (5) By the “uploading” of a Web Page onto the World Wide Web, in respect of which a judgment has also been issued by the Athens Multi-Member Court of First Instance, no. 1767/2015.

Watch a video describing defamation through Facebook as one of the most common forms of cybercrime:

Defamation through Facebook/Instagram/X is more easily proven, because the writings exist. And the writings remain and fully prove the facts. Therefore, the conclusion is that Facebook is, on the one hand, a very popular social networking medium that offers many possibilities, such as commenting on actions taken by other members-users of the network or of a group. However, if the commentary exceeds the bounds of decency and offends another person’s honour, then whoever offends the honour, dignity, reputation and good name of another should expect to face the legal claims of the aggrieved party for defamation through Facebook, with very swift judicial procedures, paying the price of his loose tongue in three highly characteristic ways: A) pecuniary compensation for moral damages, B) obligation to remove the insulting and defamatory communications, C) threat of a monetary penalty for any future infringement against the aggrieved party.

• See also article Child Pornography
• See also article Online Fraud
• See also article Hacking
• See also Methods of Internet Attacks
• See also article Malicious Software
• See also article Online Attacks
• See also article Online Piracy
• See also article Software Piracy
• See also article Trafficking of Pharmaceuticals
• See also article 10 Security Practices

FREQUENTLY ASKED QUESTIONS ON ONLINE DEFAMATION

1. What exactly constitutes online defamation?

Defamation is established when someone disseminates false facts about you, knowing them to be untrue, and those facts are capable of damaging your honour or reputation. When this occurs through Facebook, Instagram, X, Google reviews, blogs or e-mail, the offence is provided for under Article 363 of the Penal Code (PK) and is regarded as a continuing offence, since the post remains visible.

It differs from simple defamation (Article 362 PK) and insult (Article 361 PK) in that it requires the dissemination of false facts with knowledge of their untruthfulness. The legal treatment and the compensation depend on the specific form of the offence.

2. What steps do I take to stop the offence immediately?

The fastest route is the filing of an application for interim measures before the Single-Member Court of First Instance, with a request for a temporary restraining order for the immediate removal of the posts and a prohibition on repetition. The temporary restraining order is, as a rule, issued within a few days and is accompanied by the threat of a monetary penalty for each new breach.

In parallel, a formal complaint is submitted to the Prosecutor’s Office of the Court of First Instance, which is forwarded to the Cybercrime Prosecution Directorate for the identification of the perpetrator through the IP address. In urgent cases, a report is also made to the platform itself for the removal of the content as a violation of its terms of use.

3. How is the perpetrator behind a fake profile identified?

Despite the sense of anonymity, every post leaves digital traces. Following a prosecutorial order, social networking providers disclose the IP address from which the connection was made. Subsequently, the internet service provider identifies the subscriber to whom that particular IP had been assigned at the relevant time.

The procedure requires time and technical precision in the wording of the requests, since the data are retained for a limited period. For this reason, prompt action is critical, so that the connection records are not deleted before they are formally requested.

4. What compensation can I claim for moral damages?

Pecuniary compensation for moral damages is awarded on the basis of Articles 57, 59 and 932 of the Civil Code (AK), in conjunction with the provisions of the Penal Code. The amount depends on the extent of dissemination, the number of views and shares, the gravity of the allegations, the standing of the victim and the perpetrator, as well as the actual repercussions on professional and social life.

Where there is proven financial loss, e.g. loss of clientele or cancellation of a collaboration, this is also claimed as actual loss or lost profits, on the basis of supporting documents and witness testimony.

5. Within what time must I take legal action?

For the criminal aspect, the formal complaint is submitted within three months from the time you became aware of the offensive post and of the perpetrator (Article 114 PK). The expiry of this deadline leads to the inadmissibility of the criminal prosecution, even if the substance of the case is strong.

For the civil claim for damages, the limitation period is five years; however, delay makes the preservation of digital evidence more difficult. The prompt obtaining of certified screenshots from a notary public, as well as the preservation of URLs and metadata, must take place as soon as possible after the post is identified.

6. What role does a lawyer specialised in cybercrime play?

The specialised lawyer combines legal and technical knowledge: he secures digital evidence lawfully so that it is admissible in court, drafts the formal complaint with the correct subsumption under Articles 362-363 PK, files an application for interim measures for immediate removal, and directs requests for the lifting of confidentiality to the Cybercrime Prosecution Directorate.

Our experience at ZIAMPARAS D. & ASSOCIATES covers both the identification of “anonymous” perpetrators and the appearance in support of the prosecution for the pursuit of damages. The aim is the swift restoration of your reputation and the award of reasonable pecuniary compensation, while preventing future infringements through judicial prohibitions.