The Epstein case in the public sphere: when can a comment in Lithuania become grounds for legal liability?

In recent days, there has been much public discussion about the Jeffrey Epstein case and the people associated with it. Social networks have been flooded with comments, emotional reactions, assessments, and interpretations that often go beyond the bounds of ordinary opinion. However, what may seem to many as spontaneous statements on the internet can have very specific and real consequences from a legal point of view.

The wave of discussion was further intensified by the fact that the US Department of Justice, in compliance with a court order, published documents related to the case. Although the disclosure itself was based on legal grounds, this does not automatically mean that all the information contained therein can be freely and irresponsibly used in further public communication. According to lawyers, questions about the alleged anonymization of data are increasingly arising in practice—formally hidden names or surnames do not necessarily mean that a person can no longer be identified when considering the entire context and additional circumstances.

According to Mantas Baigys, a lawyer at the AVOCAD law firm and an expert in personal data protection law, public discussion of high-profile cases reveals that society still does not sufficiently understand where freedom of expression ends and legal responsibility begins.

According to the lawyer, one of the most frequently ignored aspects is comments on social networks. "People driven by emotions often write statements that can be considered not only offensive or humiliating to a person's honor and dignity, but also as having signs of criminal activity. Threats of violence, justification of violence, or incitement to violence, even if expressed figuratively, can become grounds for a pre-trial investigation. It is important to understand that social networks are legally considered a public space, and words written on them are taken as seriously as those spoken in public or published in the media," says the lawyer.

An equally important issue is the protection of personal data. Information that has been made public, even if it has already been published in foreign media or court documents, does not automatically become freely available. Publicly available data continues to be considered personal data. Its collection, systematization, republication, or distribution on social networks must have a clear legal basis. "This applies not only to private individuals, but also to journalists, opinion makers, and content creators," warns M. Baigys.

In practice, we are increasingly encountering what is known as secondary use of information, where publicly disclosed data is transferred to comments, articles, or social media posts, supplemented with personal interpretations or emotional assessments. According to the lawyer, anyone who disseminates such information further assumes independent legal responsibility, regardless of who was the original source of the information. This means that a person may become a defendant in a civil case in a Lithuanian court based on a claim by the injured party and, in certain cases, face sanctions for violations of the General Data Protection Regulation.

The third, often overlooked aspect is the right to privacy. The Epstein case revealed numerous details about specific individuals' personal relationships, lifestyles, and circumstances that are not necessarily directly related to the legal substance of the case. When driven by curiosity to "dig up more" and publish additional details of private life, it is very easy to cross the line. Even a person involved in a high-profile case does not lose their right to privacy, and in certain cases, violating this right may result in criminal liability.

When assessing the legality of such publications, which contain a wealth of information about individuals, such information cannot be disseminated solely to satisfy public curiosity or create a sensation.

According to AVOCAD's lawyer, this obligation applies not only to individual social media users, but also to journalists and media outlets. Professional activities, freedom of the press, or the dissemination of information to the public do not exempt one from the obligation to constantly assess whether the information published actually serves the public interest or whether it violates a person's right to privacy and personal data protection requirements.Case law consistently emphasizes that the publication of information about a person should not serve solely to generate clicks or satisfy the curiosity of the audience.

In summary, Mantas Baigys emphasizes that the internet often creates a false illusion of security and informality. However, in legal terms, it is the same public space where the same laws and principles of responsibility apply as in real life. It is possible to take an interest in current cases and discuss them, but this should be done responsibly, with the understanding that every public statement can have legal consequences. Legal liability on the internet is not theoretical—it is real, tangible, and increasingly applied in practice.

 

The court is not a document repository; there are limits to the scope of evidence 

Civil procedure is based on clear logic: the court only examines evidence that is relevant to the specific dispute. The Code of Civil Procedure stipulates that only evidence that confirms or refutes circumstances relevant to the case is admissible. At first glance, this seems like a simple and rational rule. However, in practice, the opposite often happens—the essence of the case gets lost in a sea of documents, and the process of proving the case turns into a complex procedural maze. As noted by Dainius Antanaitis, a lawyer with the AVOCAD professional association of lawyers , it is at this stage that the problem of the limits of proof most often becomes apparent.

"Evidence in a civil case is not just any information. It is only data about the circumstances that constitute the subject of proof. The latter includes legal facts with which legislation associates the emergence, change, or termination of the disputed legal relationship, as well as facts on which the parties' claims and counterclaims are based and other circumstances necessary for the application of substantive law," the lawyer notes, citing the practice of the Supreme Court. According to Dainius Antanaitis, proving a case in civil proceedings is not a process of gathering or archiving information. "Its purpose is to help the court establish specific, legally relevant facts on which the correct decision depends," says the AVOCAD lawyer.

In every civil case, the subject of proof depends on what right or legitimate interest the claimant is defending. In debt cases, the existence of an obligation and its non-fulfillment are proven; in cases of compensation for damages, unlawful actions, the fact of damage, causal link, and fault are proven; in cases of contesting transactions, the grounds for invalidating the transaction are proven, etc. This means that only evidence that can logically confirm or refute these circumstances should be admitted to the case.

According to the lawyer, in practice, lower courts encounter different styles of adjudication. "In most cases, courts comply with the requirements of the Code of Civil Procedure and, already at the stage of admitting evidence, help the parties to the proceedings not to get lost by refusing to accept material unrelated to the dispute. However, there are also cases where documents or other information are accepted into the case that have no logical connection with the subject matter of the evidence, either as a whole or in separate parts," notes the lawyer. In such cases, the case becomes overloaded with a large amount of material that has no added value for the proper resolution of the dispute. As a result, the court, which is already facing a heavy workload, is forced to spend time analyzing documents that are not relevant to the case.

"When the process turns into information storage rather than purposeful evaluation of facts, the efficiency of the process suffers, and as a result, the parties to the case are forced to wait unreasonably long," notes attorney D. Antanaitis.

Additional challenges arise when, at the request of one party, the court requests documents from the other party to the case. This instrument is particularly important in cases where one party is objectively unable to obtain relevant evidence held by the other party. However, practice shows that this procedural measure is sometimes misused.

There are situations where requests to obtain documents are based not on the desire to prove specific circumstances of a dispute, but on the desire to obtain information that could become the basis for a new dispute or allow access to data that could not be obtained by legal means. In such cases, if the court does not critically assess the connection between the request and the subject matter of the evidence, it may indirectly contribute to the unfair use of the process.

"The court should not become a means of intelligence gathering or testing hypothetical assumptions. Civil proceedings are intended to resolve legal disputes that have already arisen, not to create conditions for gathering information for possible future lawsuits," emphasizes D. Antanaitis.

This position is consistently upheld by higher courts. Appeal practice has clearly established that documents are only requested when they are directly related to the subject matter of a particular case. If a lawsuit is filed solely to verify whether rights may have been violated in general, such procedural conduct is considered flawed. The court is not an institution designed to collect data or verify assumptions—its purpose is to restore the violated legal balance and resolve the actual dispute.

This practice reminds us once again that the provisions of the Civil Procedure Code regarding the admissibility of evidence are not a mere formality. They are an essential procedural guarantee that protects the interests of both the court and the parties to the proceedings and ensures that the search for justice does not get lost in the maze of evidence.