The person whose honor, dignity or business reputation has been humiliated through insult or slander, may apply to the court against the person who insulted or defamed.

Insult is improper humiliation of other person’s honor and dignity made publicly, orally, through an image, voice, mark or any other way.

Which expressions may be considered as insult?
As Miss Gohar Kostanyan, AYLA Lawyer informed referring to the evaluation of the criteria offense; the Cassation Court mentioned the following in one of its precedents:

1. The claimant bears the burden of proof to establish that the expression actually discredits the honor, dignity and business reputation, of the person.

2. The performer of the expression shall initially pursue the aim to humiliate the person’s honor, dignity or business reputation, that intention to humiliate and debase him in particular through the expression made. In particular, the situation where the person failed to perform all reasonable measures to clarify the correspondence of the information to reality, or he was aware or should have been aware that the information was not based on the real facts, may be an evidence of such intention. The claimant bears the burden of proof to establish this fact as well.

3. The expression must have been made publicly and the claimant bears the burden of proof to establish this fact as well. Expressions performed and facts provided at least in the presence of a third party may be considered as performed publicly. The latter are considered performed at the presence of a third party if the third party also performs expressions and introduce facts, which are contextually related with the expressions or introduced facts of the offender (e.g. insult performed by two or more individuals). In such cases joint infliction of damage exists.

The Cassation Court found that the public performance or public expression might be manifested through print, radio or television broadcast, through dissemination on mass media, dissemination via the Internet, as well as other means of communications, public speeches, or in any other way, involving at least one person. Introduction of such statements to the recipient cannot be considered made publicly, if the individual who had submitted the information had undertaken sufficient measures to ensure the confidentiality, so that they may not become available to other persons.

Source: Iravaban.net