Victims have the right to claim compensation for the harm suffered due to hate speech.
If a victim has not requested compensation during the criminal proceedings related to hate speech, they can lodge a civil claim for damages. This claim must be submitted to the civil court. A civil claim for damages can be filed even if the court has acquitted the accused.
The victim may ask to be compensated for the loss of both:
- material loss (damaged or lost property, financial loss)
- moral suffering (damage to reputation, honour, well-being)
A victim may also initiate civil litigation and ask for monetary compensation from the author or disseminator of the expressed hate speech even if no criminal proceedings have been initiated. In this case they will have to prove that the statements (or other forms of expression) have caused moral suffering or material damage.
The victim who wishes to obtain compensation must compile a file containing an assessment of the amount of compensation for each loss (moral, financial, physical).
The assessment must include the costs directly related to the damage suffered. The victim must also prove that:
- the damage was directly caused by the offence (hate speech) committed by the perpetrator
- the person from whom the victim is claiming compensation is responsible for the loss
- the damage is real and undeniable
- the damage concerns the victim personally
Defamation claim
Even if the insulting expressions did not reach the level of hate speech and were not considered a crime, you may still consider these expressions defamatory and file a complaint. Read more about defamation and how to submit such complaint.
Amount of compensation
In determining the amount of compensation, the court will consider:
- the gravity of the offense
- the injuries suffered and their consequences
- the psychological trauma the victim may have suffered and other factors