Let us first understand what insult and slander are from the point of view of the law.
According to the Civil Code of the Republic of Armenia, an insult is a public expression made in order to defame honor, dignity or business reputation through words, images, sounds, signs or other means. A public statement in a given situation in its content may not be considered an insult if it is based on accurate facts (except for natural defects) or is based on a overriding public interest.
That is, according to the RA Civil Code, an expression can be considered offensive in the presence of three conditions at the same time:
- The expression should tarnish a person's honor, dignity, business reputation,
- should initially seek to tarnish a person's honor, dignity or business reputation;
- The expression must be made in public.
According to the RA Civil Code, defamation is the public presentation of such factual information (statement of fact) about a person, which does not correspond to reality, it tarnishes his honor, dignity or business reputation.
According to the RA Civil Code, in order for an expression to be considered a slander, the simultaneous existence of the following conditions is necessary:
- factual information about the person must be provided,
- factual data must be made public,
- The factual data presented must not correspond to reality;
- The factual data presented should in fact tarnish a person's honor, dignity or business reputation.
A person whose honor, dignity or business reputation has been tarnished through insult or defamation may go to court against a person who has insulted or defamed. The respondent is responsible for proving the existence or absence of the necessary factual circumstances in defamation cases.
Intangible claims are:
- to apologize and / or (in case of insult),
- Request to publish a denial and / or (in case of defamation),
- Claim for adequate material compensation for non-pecuniary damage suffered / or.
In case of material claim, a claim for compensation for property damage suffered as a result of defamation and / or insult.
If the insult took place in the information disseminated by the media operator, then publish the court decision in full or in part through that media. The method of publication և the volume is determined by the court.
In case of insult, compensation of up to 3000 times the minimum wage.
In case of defamation, compensation in the amount of up to 6000 times the minimum wage.