How to complain if you believe that you have been a victim of defamation?
If you believe that defamatory statements have been made public about you, there are several ways that you can protect your rights:
Complaint to the media
If the facts or opinions that you believe are defamatory are published in television or radio, you have a right to ask that media to retract the untrue statements of fact, publish an apology for the defamatory opinion or you have a right to reply to the defamatory statements. The complaint should be made in written form within 20 days of transmission of the programme.
If the defamatory facts or opinions have been published in the press you have a right to ask the newspaper or magazine directly to retract the untrue statements, apologize or publish your reply to the statements, or you can lodge a complaint with the Estonian Press Council. In your complaint to the media, you should indicate which facts or information you consider defamatory and why, as well as the date and place of publication..
The person’s reply, the media’s apology or the correction of incorrect facts and defamatory statements should be published in a noticeable way.
Civil claim
You may bring a civil claim to the court against the author and disseminator of the defamatory expressions. You can also bring this claim if you have already asked the relevant media to retract the information that you believe is defamatory, but they have refused to do so.
It is also possible to file a civil claim where the defamatory expressions were not published in the media, but expressed in front of a considerable audience or otherwise distributed.
The civil remedies which you can claim in a court may include one, or a combination, of the following measures:
- request for an apology for the defamatory opinions
- request for the retraction of the untrue statements
- a claim for monetary compensation
In Estonia, an apology is not considered as a legal remedy in cases of defamation; however, if an apology has been issued it will be taken into consideration when assessing the severity of the damage caused.
If you are asking for compensation, you should indicate to the court why you are asking for that amount specifically.
Criminal proceedings
In Estonia, criminal proceedings can be initiated only against someone who has insulted or disseminated defamatory expressions against a representative of state authority, the court or a judge, or against a person enjoying international immunity. Defamation against private persons is not protected under the Penal Code in Estonia.
Appeal
If the police reject your request to initiate criminal proceedings and you consider that this decision was not well-reasoned, you can appeal it to the supervising prosecutor in your case. You must submit the appeal within 10 days of the date you received the decision. The procedure and time-limits for the appeal must be indicated in the decision.
Additional civil claim
If the police initiate a criminal case and indict the accused, you may claim the monetary compensation from the accused during the criminal proceedings. However, if your claim for monetary compensation is not fully satisfied within the criminal proceedings, you may bring a separate civil claim.