Meaning of Defamation in Legal Language

Defamation and defamation are the two types of defamation. Defamation is a false defamatory statement made in writing. Defamation is a false defamatory statement made orally. The difference between defamation and defamation is that a defamatory statement can be made on any medium. This could be in a blog comment or spoken in a speech or said on TV. Defamatory acts only exist if a statement is made in writing (digital statements are considered written) and defamatory statements are only made orally. Many countries have criminal penalties for defamation in different situations and conditions to determine whether a crime has been committed. ARTICLE 19, a British free speech group, has published global maps[21] showing the existence of criminal defamation laws around the world, showing countries that have special protections for political leaders or state officials. [22] In Poland, defamation is a crime of accusing someone of conduct likely to denigrate them in public opinion or “expose them to the loss of confidence required for a particular position, profession, or type of activity.” The penalties include a fine, restriction of liberty and imprisonment of up to one year (Article 212(1) of the Criminal Code). The penalty is more severe if the offence is committed by the media (section 212.2). [92] If the insult is public and is intended to offend a group of people or a person because of their nationality, ethnic origin, race, religion or lack thereof, the maximum term of imprisonment is 3 years. [93] As in any defamation case, truth remains an absolute defence to defamation itself. This means that even if the statement itself were considered defamatory, if it were false, if the defendant proves that it is indeed true, a defamation suit cannot survive on its own.

[144] In South Korea, true and false statements can be considered defamation. Any statement made with the intent to damage another person`s reputation may be considered illegal, and defendants may be subject to fines and/or imprisonment of up to seven years. [58] In Bulgaria, defamation is formally a criminal offence, but the prison sentence was abolished in 1999. Articles 146 (insult), 147 (criminal defamation) and 148 (public insult) of the Criminal Code provide for a fine. [75] Most States assume that a speaker who defames another necessarily has the necessary state of guilt. In Levinsky`s, Inc. v. Wal-Mart Stores, Inc., 127 F.3d 122 (1st Cir. 1997), the court held that in Maine, all defamation claims require proof of fault, which requires the plaintiff to prove that the defendant was at least negligent. In Africa, at least four member states decriminalized defamation between 2012 and 2017. The judgment of the African Court on Human and Peoples` Rights in the case of Lohé Issa Konaté v. The Republic of Burkina Faso set a precedent in the region against imprisonment as a legitimate sanction for defamation and concluded that it violated the African Charter on Human and Peoples` Rights (ACHPR), the International Covenant on Civil and Political Rights (ICCPR) and the Treaty of the Economic Community of West African States (ECOWAS).

Defamation (sometimes called defamation, denigration, defamation, defamation or defamation) is the oral or written communication of a false statement about another person that unjustifiably damages their reputation and is usually a misdemeanor or felony. [1] In several countries, including South Korea[2] and Sweden[3], as well as in the US state of Louisiana[4], transmitting a truthful statement may also be considered defamation. Most states recognize that certain categories of statements are considered defamatory per se, so individuals suing for defamation for those statements do not have to prove that the statement was defamatory. [143] In a defamation action per se, the law recognizes that certain false statements are so harmful that they give rise to a presumption of damage to the plaintiff`s reputation, such that a defamation case may result in a verdict without actual evidence of harm. Although laws vary from state to state and not all states recognize defamation per se, there are four general categories of false statements that generally support an act per se:[137] In Brazil, defamation is a crime classified as “defamation” (three months to one year in prison, plus a fine; Article 139 of the Criminal Code), “defamation” (six months to two years` imprisonment, plus a fine; Article 138 of the Criminal Code) and/or “violation” (one to six months` imprisonment or fine; Article 140), with aggravating penalties if the offence is committed in public (Article 141, paragraph III) or against an official in the normal performance of his duties. Incitement to hatred and violence is also provided for in the Criminal Code (incitement to crime, art. 286). In addition, acts of defamation in situations such as intimidation or moral coercion also fall under the offences of “unlawful coercion” (article 146 of the Criminal Code) and “arbitrary exercise of discretion” (article 345 of the Criminal Code), defined as an offence against the law as a vigilante. [112] In Croatia, the offense of insult carries a prison sentence of up to three months or a fine “of up to 100 days of income” (Criminal Code, Article 199). If the offence is committed in public, the penalties are increased to six months` imprisonment or a fine of up to 150 days` income (article 199-2). In addition, the crime of defamation occurs when someone confirms or spreads false facts about another person that may damage their reputation. The maximum penalty is one year`s imprisonment or a fine of up to 150 days` income (Article 200-1).

If the offence is committed in public, the penalty of deprivation of liberty may be one year (art. 200-2). On the other hand, under Article 203, there is an exception to the application of the above-mentioned articles (insult and defamation) if the specific context is that of a scientific work, a literary work, a work of art, public information by a politician or a civil servant, a journalistic work or the defence of a right or the protection of legitimate interests. in all cases, provided that the conduct was not intended to damage a person`s reputation. [76] In 2005, uniform defamation laws were introduced throughout Australia. [187] [188] The statutes have made a number of changes to the common law position, including: The likelihood that a plaintiff will recover damages in a defamation suit depends largely on whether the plaintiff is a public or private person in the eyes of the law. The law on defamation of public figures was first described in New York Times v. Sullivan, 376 U.S. 254, 84 pp.

Ct. 710, 11 L. Ed. 2d 686 (1964).