A single social media post today travels further than any front page ever did. When that post contains falsehoods or degrading labels about you or your business, the damage to your reputation is immediate. The good news: the law offers protection, but it demands a quick response.
Insult or defamation: what is the difference?
An insult is a statement, conduct or publication that degrades the honour and reputation of another person: abusive words, degrading qualifications, mockery. Defamation is the assertion or circulation of untrue facts about another person, harmful to their honour and reputation, where the person making them knows or ought to have known that they are untrue.
The difference is essential: in defamation, the truthfulness of the facts is what is proved, while in insult, the court assesses whether the statement crossed the limits of permissible criticism.
What protection is available?
Insult and defamation have been decriminalised in North Macedonia: liability for them is civil, before the courts. The injured party may seek:
- A court ruling that the statement constitutes an insult or defamation
- A public retraction and apology, or publication of the judgment
- Compensation for damages for the injury to honour and reputation
- Removal of the disputed publication
Social media specifics
- Secure evidence immediately: a screenshot showing the date, the link and the profile. Posts get deleted, and without evidence there is no protection. In more significant cases we also recommend a notarial certification of the content.
- The author is not the only one liable: in certain cases, editors and persons who knowingly spread untrue claims are also liable.
- Anonymous profiles do not mean unreachability: legal mechanisms exist for revealing the identity behind them.
Mind the deadlines
Proceedings for protection against insult and defamation carry very short deadlines: as a rule, the claim must be filed within three months from the day you learned of the statement and of its author. Delay means permanently losing the right to protection.
And freedom of expression?
Not every sharp criticism is defamation. The courts balance the protection of reputation against freedom of expression under Article 10 of the European Convention on Human Rights: value judgments, journalistic criticism and debate on matters of public interest enjoy broader protection. That is exactly why assessing the prospects of a case requires an experienced legal eye, both when you are the claimant and when you are the defendant.
Has your reputation been attacked?
Bring the evidence to a consultation: we will assess whether it is a case of insult or defamation, what the prospects are and which steps are worth taking. Act before the deadlines expire.
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This text is general legal information and does not constitute legal advice for a specific case. For advice tailored to your situation, consult an attorney.