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 or if the hate speech has not reached the threshold of a crime but is in fact classified as a minor offence.
The victim may ask to be compensated for the loss of both:
- damaged or lost property
- moral suffering
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 or minor offences proceedings have been initiated. In this case they will have to prove that the statements (or other forms of expression) are illegal and have caused them moral suffering or material damage.
Amount of compensation
In determining the amount of compensation, the court will consider:
- the injuries suffered and their consequences
- the psychological trauma the victim may have suffered and other factors