Liability for defamation on internet may be doubled - criminal and civil

Liability for defamation on internet may be doubled - criminal and civil

A final criminal conviction for defamation is binding on a civil court adjudicating a case for protection of personal rights, according to the decision of the Supreme Court.


criminal conviction

Posting numerous entries on internet portals and Google opinions about e.g. a doctor or enterpreneur, especially if it is meant as a slanderous remark, is binding on a civil court. Posting numerous entries on internet portals and Google opinions about e.g. a doctor or a businessman, especially if it takes place over several weeks or months, may be recognised in criminal proceedings as premeditated act and lead to a conviction by the court for the fact that by means of mass communication the defendant slandered a person of such conduct and properties which could not only degrade him in public opinion, but also expose him to the loss of trust needed for the performance of an activity or, e.g., a medical profession, especially a doctor, with a particular specialisation (article 212 § 2 CC).


civil judgment

The person slandered may decide to sue in civil proceedings and bring a claim for protection of personal rights. It must be shown that as a result of the defendant's unlawful posting of untrue and defamatory entries on the Internet, the plaintiff's personal rights have been infringed, in particular that the plaintiff's good name has been violated and that the entries have undermined his credibility and trust on personal and professional grounds.

The plaintiff must show that the actions of the defendant (scolded in the criminal proceedings) harmed the plaintiff's personal interests, that due to their form, frequency and intensity, they went beyond the framework of permissible and substantive criticism and were not undertaken to protect a legitimate social interest, but were a manifestation of harassment and their purpose was to discredit the plaintiff.

A civil court may award a certain amount of money as compensation and, for example, oblige the defendant to make, in a certain form and to certain entities (at the medical facilities where the plaintiff worked), statements containing an apology for the unlawful actions.


civil court vs. criminal conviction

Pursuant to Article 11 of the CPC, findings contained in a final judgment in criminal proceedings for committing a crime are binding on the court in civil proceedings as to the fact that the crime was committed. The court recognizing a civil case is bound by both the factual findings and legal assessments of the criminal court, which cannot be overturned or disregarded in a civil case ( Supreme Court judgment of 23.6.2017, I CSK 614/16). Consequently, the court in civil proceedings must take into account the binding force of the judgment of the criminal court both as to the fact of the crime and its qualification.