Typically it's up to the society's jurisprudential body to determine if harm has been caused in each individual case, the same way damages are determined in mos

Typically it's up to the society's jurisprudential body to determine if harm has been caused in each individual case, the same way damages are determined in most infringements - i.e. slander, libel, defamation, obscenity, incitement, sedition, etc.