If the court finds that you have overstepped the permissible borders of criticism and defamed another person, the sanctions applied to you must be proportional. Overly severe sanctions can still violate freedom of expression even if your statements have amounted to defamation.

example The amount of compensation for the defamatory expressions should not be so high as to lead the media to insolvency or to deter the particular journalist from reporting on matters of public interest again.

Civil remedies: compensation, apology, retraction

Civil remedies are used most commonly in defamation and insult cases. Civil remedies include monetary compensation. In choosing the amount of compensation, the courts must balance the gravity of the damage to a person’s reputation and the importance of freedom of expression of the other person.

example If the court of final instance awards compensation which is approximately four times larger than previously awarded by courts in defamation cases, this will not be proportional, unless there are exceptional circumstances justifying such an amount of damages.

Criminal sanctions

Criminal sanctions are an exception in defamation and insult cases. The Bulgarian Criminal Code punishes both defamation and insult. Still, most often cases of defamation and insult are  dealt with in civil proceedings. Criminal sanctions are usually applied for the most serious violations, such as statements inciting hatred or violence.

Resources

Last updated 22/09/2019