Petition For Defamation And Compensation Lawsuit
How to File a Defamation and Compensation Lawsuit?
A lawsuit for damages for defamation is a type of lawsuit that deals with the issue of “personality rights”, which is also supported by universal laws, especially in our legal system. The concept of personality rights are rights that depend on personality. In other words, in the legal system, the rights of the person on all values that constitute his/her personality constitute his/her personality rights. In this context, all values such as a person’s honor, dignity, reputation, honor, right not to be stained, privacy of private life are included in personality rights.
In addition, the act of defamation is also characterized as a tort in the context of private law on the grounds that it damages the personal rights of the person. Since a wrongful act causes damage to the person who is subjected to the act, it gives rise to the necessity of compensating this damage or, in other words, compensating it. Therefore, defamation and compensation lawsuits come to the agenda in this way.
Those who are insulted and therefore suffer damage from the tort due to the attack on their personal rights have the right to demand compensation by applying for legal remedies to eliminate this damage. However, the person who harms a person in any way due to the act of defamation is also obliged to compensate for the damage in question. In the legal context, anyone who harms another person with a defective act by causing a wrongful act must compensate for this damage.
SAMPLE PETITION FOR NON-PECUNIARY DAMAGES DUE TO INSULT
TO BURSA () JUDGE OF THE COURT OF FIRST INSTANCE;
THE PLAINTIFF
TC IDENTITY NUMBER :
ADDRESS :
PROXY :
ADDRESS :
DEFENDANT:
ADDRESS :
CASE VALUE :
SUBJECT : It is our request for moral compensation due to defamation.
EXPLANATIONS :
1-) On …/ …/ … date, while sitting with our client and some neighborhood residents who witnessed the incident at that time in the pastry shop named … located at … address, the defendant insulted our client by turning to our client, in a tone of voice that can be heard by the people in the pastry shop and in a very inappropriate manner, in summary, by mocking and imputing incompetence by mentioning that the client was incompetent because of the way he parked his car parked in front of the apartment the day before.
2-) Our client has been living in the same neighborhood for … years and the aforementioned action of the defendant has caused our client to be humiliated in the eyes of people he has known for years and with whom he has been in family contact, his honor has been broken and his dignity has been damaged. Our client has suffered psychological trauma due to the incident.
3-) As a result of the lawsuit filed as a result of the complaint filed with the … Public Prosecutor’s Office, the … … Criminal Court’s file numbered …/ … E. …/ … K. decided to punish the defendant in accordance with Article 125 of the Turkish Penal Code No. 5237 for the crime of insult; (ANNEX-1) It has become fixed with the decision of the criminal court that this negativity experienced by our client was caused by the action of the defendant.
4-) We have been obliged to file this compensation lawsuit in order to eliminate the bad situation and sorrow and grief that our client has fallen in the society due to the incident.
LEGAL GROUNDS : Art. 51, 58 of 6098 S. Code, Art. 2, 3, 107 of 6100 S. Code, Art. 125 of 5237 S. Code and other relevant legislation.
LEGAL EVIDENCE : …/ … E. …/ … K. numbered file of … … Criminal Court, Witness Statements.
CONCLUSION AND REQUEST : For the reasons explained above, we respectfully request on behalf of our client that the minimum …….TL non-pecuniary damages to be increased as soon as it is possible to determine the value of the moral damage of our client fully and precisely as a result of the investigation be collected from the defendant together with legal interest from the date of the wrongful act …/…/… and that the trial expenses and attorney’s fees be decided to be charged to the other party. …/ …/ …
ANNEXES : 1. … Criminal Court file no. …/ … E. …/ … K.
2. The names and addresses of the witnesses and the subjects they will testify about
a list of witnesses,
3. One certified power of attorney with special authorization.
Plaintiff Attorney
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Decision of the Court of Cassation on the case of moral damages for defamation
COURT :Civil Court of First Instance
At the end of the trial of the lawsuit for non-pecuniary damages due to the attack on personal rights through the press between the parties; Upon the appeal of the judgment on the partial acceptance of the lawsuit for the reasons written in the decision, the file was examined and considered accordingly:
-DECISION-
1-According to the writings in the file, the fact that the decision is in accordance with the reversal, and that there is no inaccuracy in the evaluation of the evidence, the appellate objections of the defendants’ counsel other than the scope of the following paragraph should be rejected.
As for the other appeal objections of the defendants’ counsel;
2- The plaintiff, stating that he was insulted with the untrue statements of the defendants in Ünye Haber Newspaper dated 25/12/2013, demanded 10.000,00 TL moral compensation from each defendant separately.
The defendants stated that the allegations put forward did not reflect the truth and defended that the claim should be rejected.
The court’s first decision dated 14/10/2014 regarding the partial acceptance of the case was appealed by the attorney of the defendants; With the decision of our Chamber dated 27/02/2017 and numbered 2015/10337 main, 2017/1178 decision and dated 27/02/2017, it was reversed on the grounds that a decision should be made in accordance with the result to be reached by waiting for the finalization of the decision to be given in the criminal case filed against the defendants for the crime of insult through the press. The court, by complying with the reversal order, partially accepted the case and decided to collect 10.000,00 TL non-pecuniary damages jointly and severally from the defendants together with legal interest from the date of the news; the judgment was appealed by the attorney of the defendants.
The lawsuit is related to the claim for non-pecuniary damages due to the attack on personal rights through the press.
According to Article 58 of the Turkish Code of Obligations No. 6098 (Article 49 of the Code of Obligations No. 818), the person whose personal rights are unlawfully attacked may request the award of moral damages. While determining the amount of non-pecuniary damages, the judge should take into account the fault rate of the parties, their title, the position they occupy and their other social and economic conditions, as well as the nature of the act and event constituting the attack. Considering that there will be special circumstances and conditions that may vary according to each case in determining the amount, the reasons that will affect the right of discretion should be objectively shown in the decision. Because it is stated in Article 4 of the Turkish Civil Code that the judge will rule according to law and equity in matters where the law gives the right of discretion. This money to be awarded has a unique quality that has a function similar to compensation, which will bring moral peace to the injured party. It is not a punishment, nor is it a compensation for a damage related to property law.
has no purpose. Therefore, the limit of this compensation should be determined according to its purpose. The amount to be assessed should be as much as necessary to achieve the effect of the sense of satisfaction desired to be obtained in the current situation.
In the concrete case; considering the date of the incident, the way the incident occurred, the position of the defendants and the above principles, the amount of non-pecuniary damages awarded is excessive. The decision should be reversed for a lower level of non-pecuniary damages.
CONCLUSION: The appealed decision shall be reversed for the reasons shown in subparagraph (2) above, and the other appellate objections of the defendants