A Defamation Claim — the Legal Frame
In defamation cases the court answers two questions: were the disseminated statements evidently incorrect, and did they cause damage to the person. The first question is resolved by Article 993 of the Civil Code: a person who intentionally or negligently disseminates or publicises facts damaging to the property of another person is obliged to compensate the damage arising therefrom, where those facts are evidently incorrect. At the same time, the obligation to compensate does not arise for statements that serve the protection of lawful public interests — an exception that guards the sphere of free speech and public debate.
The second question comes from the general tort frame: under Article 992, a person who causes damage to another by an unlawful, intentional or negligent act is obliged to compensate it. A defamation claim is built precisely on the resolution of these norms: the act is unlawful, culpable and damaging — and the court assesses each element separately.
Evidence — What the Plaintiff Must Prove
Winning a defamation case depends on the completeness of the evidence. The plaintiff must show: which concrete statement was disseminated, who disseminated it, how it reached third persons, and why it is evidently incorrect. The last element — evident incorrectness — is the heart of the case: it is not enough to show that the statement is disputed or unfair; convincing counter-facts establishing its falsity are required.
In practice this stage gathers documents, statements, expert opinions and other evidence that confront the disseminated fact with reality. In parallel, the fact of dissemination is fixed: publications, letters, recordings — so that the statement of claim defines the dispute precisely. The tighter this frame, the smaller the room for resort to the exception of protecting public interest.
Quantification of Damage — the Pecuniary and Moral Heads
Defamation can cause both types of damage. In determining the amount of pecuniary damage, Article 414 of the Civil Code provides that the interest of the creditor in the due performance of the obligation must be taken into account, together with the time and place of performance. In the context of business reputation this means a realistic assessment of lost opportunities: cancelled contracts, reduced income, lost partnerships.
The moral head stands separately: under Article 413, monetary compensation for non-pecuniary damage may be demanded only in cases precisely defined by law, in the form of reasonable and fair compensation. In a defamation case this claim rests on the infringement of name, dignity and reputation, and the court determines the amount by exactly that measure of reasonableness and fairness. Both heads may be combined in one claim.
Restoration Before Monetary Compensation
The distinctive element of defamation law is the restitutionary claims: Article 408(1) of the Civil Code provides that the person obliged to compensate damage must restore the situation that would have existed had the circumstances giving rise to the obligation to compensate not occurred. In the defamation context, restoration means the denial of the statement, the publication of a response, the replacement of a damaged document — in a form proportionate to the scale of the infringement.
Monetary compensation does not replace restoration but supplements it: where full restoration of the original situation is impossible, it is redeemed in money. The correct sequencing of both claims in the statement of claim matters: the court considers restoration first, and the remaining damage afterwards.
Limitation — the Discipline of Three Years
The time factor is decisive in defamation cases: under Article 1008 of the Civil Code, the limitation period for a claim for compensation of damage caused by a delict is three years from the moment the injured person learned of the damage or of the person obliged to compensate it. This means the period runs not from the moment of dissemination but from the moment of knowledge — which also covers cases of concealed dissemination.
We assist across the full cycle: from collecting evidence and framing the statement to court representation, with claims for both pecuniary and moral damage. Contact us — in defamation cases an early reaction is also a question of preserving evidence, not only of strategy.
What must the plaintiff prove in a defamation case?
That the person deliberately or carelessly disseminated facts, that the facts are evidently incorrect, and that they caused damage; statements serving the protection of lawful public interests are an exception.
May moral damage be claimed?
Yes — monetary compensation for non-pecuniary damage is claimed in the cases defined by law, as reasonable and just compensation, and it may be accompanied by a claim for pecuniary damage.
What is restoration before monetary compensation?
The restoration of the previous situation — the denial of the information, a replying statement, the replacement of the damaged document; monetary compensation supplements restoration where full restoration is impossible.
How long is the limitation period?
Three years from the moment the injured party learned of the damage or of the obliged person — counted from knowledge, not from dissemination.
How We Help on Legal.ge
The lawyers of Legal.ge build the defamation claim — from the fact and the fault to the quantification of damage — and defend reputation with documentary precision. Contact us — the discipline of time is decisive in this matter.