Short answer. Yes. Article 33 gives the victim of defamation a civil action for damages entirely separate from any criminal action. It proceeds independently of the prosecution and requires only a preponderance of evidence, so you need not wait for a libel case, and need not file one at all.

What the law says

In cases of defamation, fraud, and physical injuries a civil action for damages, entirely separate and distinct from the criminal action, may be brought by the injured party. Such civil action shall proceed independently of the criminal prosecution, and shall require only a preponderance of evidence.

Civil Code, Article 33 — Independent Civil Action (Defamation, Fraud, Physical Injuries). Read the full provision →

A separate action, and an easier standard

Article 33 is short and unusually generous: In cases of defamation, fraud, and physical injuries a civil action for damages, entirely separate and distinct from the criminal action, may be brought by the injured party. Such civil action shall proceed independently of the criminal prosecution, and shall require only a preponderance of evidence. Two consequences follow. You are not waiting on a prosecutor's decision, because the action does not depend on one being made. And you are proving your case on the balance of the evidence rather than beyond reasonable doubt, which is a materially lower bar.

What you still have to prove

The lighter standard is not the absence of a standard. You must show that the statements were made, that they refer to you in a way readers could identify, that they are defamatory rather than merely unflattering, and that they are false. Publication is rarely a fight in an online case, since a post is published the moment anyone else can read it, but authorship sometimes is. Opinion, however wounding, is treated differently from an assertion of fact, so the useful posts to build on are the ones that state something checkable about you.

What a court can compensate

Article 2199 limits actual or compensatory damages to pecuniary loss duly proved, which in a reputation case means documented consequences: a contract withdrawn, clients lost, professional fees forgone. Beyond that, Article 2217 recognises moral damages for mental anguish, besmirched reputation, wounded feelings and social humiliation, injuries that are compensable although incapable of pecuniary computation. Article 2219 lists libel, slander or any other form of defamation among the cases in which moral damages may be recovered. The Code sets no tariff, and any figure is what the court finds justified on the evidence before it.

Preserve the evidence before it disappears

Posts are deleted, edited and hidden the moment a lawyer's letter arrives, so capture them now: full-screen images showing the account name, the post text, the date and the visible reactions, and the link to each. Note who saw them and ask those people to record what they read while it is fresh. Do not reply in kind, because your own posts become part of the record. Then see a lawyer promptly rather than eventually, since how the claim is framed affects the period within which it must be brought.

Cases citing this provision

These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.