Identify and gather evidence
The first step in responding effectively to defamation is to identify and gather evidence of defamatory statements. This evidence may include screenshots, audio or video recordings, testimonies, or other relevant content. Gathering evidence is crucial for establishing the truth of the facts in court and for your lawyer to be able to prepare a solid defense. The intervention of a commissioner of justice to see this evidence is sometimes necessary before a procedure.
Steps to take immediately
It is essential to react quickly when one is a victim of defamation. The first steps include writing a complaint, either to the police station or directly to the public prosecutor. In some cases, a letter of formal notice may be sent to the author of the remarks asking him to stop the defamatory acts and to remove the offending content.
Available legal remedies
Defamation victims have several legal remedies. They can file a criminal complaint, a procedure that involves an investigation by the authorities and, possibly, a trial in court. In addition, it is possible to seek damages in compensation for the harm suffered by becoming a civil party.
The summary proceedings for defamation
In case of emergency, the interim injunction procedure allows a judge to ask a judge to take interim measures to quickly put an end to defamatory remarks. This procedure is particularly useful for obtaining the immediate removal of defamatory content on the Internet or in the media. The action for summary proceedings is based on Article 809 of the Code of Civil Procedure, which states that:
” The President may always, even in the presence of a serious dispute, prescribe in summary proceedings the precautionary or remedial measures that are necessary, either to prevent imminent damage or to put an end to a clearly unlawful disturbance. In cases where the existence of the obligation is not seriously questionable, he may grant a provision to the creditor, or order the performance of the obligation even if it is an obligation to do. ”