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 submitting 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 them 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 relevant 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.
Unmasking proceedings
Our law firm has deep expertise in obtaining unmasking orders from online hosting providers (Google, Meta, TikTok, etc.).
Through expedited proceedings (référé) or an ex parte motion (sur requête) before the President of the competent Judicial Court (tribunal judiciaire), we can secure disclosure of the identity of a user responsible for defamation.
