Defamation, in law, harming the reputation of others by a false publication (notification to a third party) which tends to discredit the person. The concept is elusive and is limited in its variants only by human ingenuity. In Mexico, the offences of defamation, defamation and defamation (injurias) have been abolished in the Federal Penal Code and in 15 states. These crimes remain in the criminal codes of 17 states, where the average sentence ranges from 1.1 years (for those convicted of defamatory charges) to 3.8 years in prison (for those convicted of defamation). [182] Anyone who attributes something to the deceased person before the third person and that attribution is likely to damage the reputation of the deceased`s father, mother, spouse or child or expose the hated or deceived person commits defamation and is punished in accordance with article 326. [67] The view on the type of allegation that can support a defamation action per se may evolve with public policy. For example, in May 2012, a New York appeals court, citing changes in public policy regarding homosexuality, ruled that describing a person as gay is not defamation. [145] 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 contrast, defamation is punishable only by a maximum penalty of 180 days (article 173-1). [104] In the case of a deceased or absent person, there is a restriction on the application of the law up to 30 years (after the death).
[105] As far as procedure is concerned, the judgment on the legality of the evidence becomes less relevant. [89] While defamation and defamation are the essence of defamation, classifications are important because different responsibilities arise from both. These differences generally reflect a policy of keeping people less strict about what they say than what they write – to avoid trivial lawsuits – and a policy of preserving the credibility of the written word through harsher penalties. The law also recognizes that written defamation is more harmful than « simply speaking. » In a defamation suit per se, the law recognizes that certain false statements are so damaging that they give rise to a presumption of damage to the plaintiff`s reputation, so a defamation case can lead to 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 perjury that generally support an act per se:[137] In a 2012 decision regarding the Philippine Defamation Act, the United Nations Commission on Human Rights commented: « Criminal defamation laws should involve defending the truth. » [9] Defamation occurs when something is said or written about someone that is false and damages their reputation. In some cases, it may be possible to take legal action against those responsible for defamatory statements or comments. Although the First Amendment to the U.S. Constitution was designed to protect freedom of the press, for most of U.S. history, the Supreme Court has not applied the First Amendment to defamation cases involving media defendants.
As a result, defamation laws based on the traditional common law of defamation inherited from the English legal system have been mixed up in the states. The New York Times Co. v. 1964 Sullivan case radically changed the nature of defamation law in the United States by elevating the element of public officials` misconduct to actual malice – that is, public figures could win a libel suit only if they could « prove the publisher`s knowledge that the information was false » or that the information « recklessly ignored the issue, whether they were wrong or not. » [132] Intentionally false accusations of defamation, as with any other crime, lead to the crime of defamation (Article 368 of the Penal Code), which is defined in the Italian legal system as the crime of falsely accusing the authorities of a crime they did not commit. In Croatia, the offence of insult is punishable by up to three months` imprisonment or a fine of up to 100 days` income (Article 199 of the Criminal Code). 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] Most states recognize that certain categories of statements are considered defamatory per se, so those suing for defamation do not have to prove that the statement was defamatory. [143] German law makes no distinction between defamation and defamation. Since 2006, German defamation lawsuits have multiplied. [82] The relevant criminal offences of the German Criminal Code are Article 90 (denigration of the Federal President), Article 90a (denigration of the Federal State and its symbols), Article 90b (unconstitutional denigration of constitutional bodies), Article 185 (« insult »), Article 186 (defamation), Article 187 (intentional defamation), Article 188 (political defamation punishable by aggravated penalty for violation of Articles 186 and 187), section 189 (denigration of a deceased person), section 192. (« insult » with true statements).
Other articles relating to the prosecution of such offences are article 190 (criminal conviction as proof of the truth), article 193 (no defamation in pursuit of legitimate interests), article 194 (request for prosecution under these paragraphs), article 199 (mutual insult may go unpunished) and article 200 (method of proclamation). Article 188 has been criticized for giving certain public figures additional protection from criticism. From a strictly legal point of view, defamatory statements are not considered defamatory if they are not properly published. Unfortunately for ill-intentioned bloggers, the term « published » in the context of Internet communication legally means that only one person must read the offending blog in question. In the Netherlands, defamation is usually the subject of a civil action before the district court. Article 167 of Book 6 of the Civil Code provides: « If a person is liable to another person under this article because of the incorrect or misleading publication of information of a factual or misleading nature because of its incompleteness, the court may, on the right of action (legal action) of that other person, order the aggrieved party to publish a correction in the manner it determines. ». If the court issues an interim injunction, the defendant is usually ordered to suppress the publication or publish a statement of rectification. Anti-defamation laws differ by state. As a result, courts in different states will interpret defamation laws differently, and defamation laws will vary somewhat from state to state. In Davis v.
Boeheim, 110 AD.3d 1431 (N.Y. 2014), which is a New York State court case, the court ruled that to determine whether a defamation suit is sufficient, a court must consider whether the « impugned statements are reasonably susceptible to defamatory connotations. » However, as noted by the Davis Court, many courts have refused to dismiss the case for lack of claim as long as the pleading meets the « minimum standard necessary to resist dismissal of the claim. » In Scots law, as in other jurisdictions based on civil tradition, there is no distinction between defamation and defamation, and all cases are simply defamation.