Investigative Services

Defamation

Defamation is generally defined as a statement that damages the believability, integrity or reputation of a person /company and thereby exposes them to public hatred, contempt or ridicule in a personal or professional context.

What can I do about defamation?

Regardless of whether you have been the victim of defamation or wrongful accusations, you need to understand the law. For a statement, post or article to be considered defamation, the following criteria must generally be met:

Evidence that the statement is false or fabricated. Mind however, that a fact is different from an opinion. A fact can be proven true or false. As a rule, opinions cannot be challenged as defamation.

Evidence that the false statement damages your reputation. To qualify as defamation, a statement not only has to be false, but also cause harm to you or your company’s reputation, etc.

A false and harmful statement must be made without due diligence or investigation into the legitimacy of the statement.

If the person who is the subject of defamation is a celebrity or a civil servant, the plaintiff must also prove “malice”. Maliciousness is proven if the person receiving the information for example published on the Internet or in public, is purposely causing damage and/or ruthlessly disregarding the truth in making statements.

Our detective agency has years of experience in defamation investigations and aiding companies and individuals with complex libel issues. Our unique solutions allow us to respond timely to rapidly evolving cases of defamation and achieve the desired outcome.

Defamation is more than a nuisance. Defamation is a criminal offense!

When the persistence of a slanderer leads to massive personal and professional problems, many of those affected turn to the police. There, however, the obstacle of presenting sufficient and sound evidence necessary to call in the public prosecutor arises. This is seldom simple or easy.

There is often confusion about the differences between public and internet defamation and gossip. In many ways, courts treat defamation online in a similar way to defamation in public. However, there are important differences to be understood about statements made on the internet. Below is a brief overview.

The three most common forms of defamation

Public defamation

A false statement of fact, that tends to damage a person or company’s reputation. This is a collective term for defamation.

Cyber defamation

Blogs which are typically written on a website or form of social media. Most cyber defamation is done by posting a website, comment, bulletin board post, review, rating, or blog post with false claims.

Media defamation

Personal material which is published, for example, through a video, podcast, or audio file.

Who will pay the costs of the investigation?

According to the judgment of the Federal Court of Justice, the detective costs incurred for the investigation, are part of the legal costs, which in the event of a dispute, the losing party, under the condition that the detective work was necessary for the enforcement of the law, with reference to a specific suspicion. This applies to both the economic and the private sector.

This means: The detective agency proves that a criminal offense or misdemeanor was committed by the opposing party during the investigation and surveillance. In this case the losing party has to reimburse the detective costs.

Get a free, professional and non-binding consultation now!

Describe your case to us and we will examine individually how we can achieve the best results for you.

All customer advisors in our detective agency are available Monday to Friday from 8:00 a.m. to 8:00 p.m. and on Saturdays from 10:00 a.m. to 3:00 p.m. by telephone, email and also personally by appointment.

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