The court also agreed that claiming non-patrimonial damages based on a person’s alleged overall defamatory behaviour is not sufficient. To claim non-patrimonial damages, it is necessary to refer to the specific acts which caused the alleged damage.
According to the senior associates, the recipient of an e-mail must prove that a specific person sent them the e-mail. This requires submitting documents indicating the IP address from which the e-mail was sent and to whom the IP address belongs. Server service providers retain data about IP addresses for one year.
The county court dismissed the action filed against the client, emphasising that speed is crucial in identifying the sender of an e-mail or the author of a post. Data is typically retained for one year, during which the actual sender of the e-mail or author of the post must be determined. The court did not find it possible to identify the sending of the e-mail based on other evidence.
