What to do in case of defamation?

 

First check that we are in the presence of a case of defamation:

 

Defamation is saying or writing something negative about a person, company or group of people that may cause them harm. Defamation can be verbal or written, and can be done publicly or privately. It can take the form of slander, which consists in defaming knowing that what one says is false, or defamation, which consists in defaming believing that what one says is true but without verifying the information. Defamation is punishable by law in many countries, including France.

 

 

In France, how is defamation punished?

 

In France, defamation is punished by heavy fines by the law of July 29, 1881.

According to article 29 of this law:

Any allegation or imputation of a fact which undermines the honor or consideration of the person or body to which the fact is imputed is defamation. The direct publication or by way of reproduction of this allegation or this imputation is punishable, even if it is made in doubtful form or if it targets a person or a body not expressly named, but whose identification is made possible by the terms speeches, cries, threats, writings or printed matter, placards or posters incriminated.

Any outrageous expression, terms of contempt or invective which does not contain the imputation of any fact is an insult.

 

 

However, there are limits to this prohibition. For example, defamation cannot be prosecuted if the defamatory statements were published for the purpose of defending freedom of expression or reasonably criticizing a person or company. Similarly, defamation cannot be prosecuted if the defamatory statements are based on proven facts and if the person who published them acted in good faith.

In the event of a conviction for defamation, the convicted person may be required to publish a corrigendum and pay damages to the defamed person.

 

 

 In the United States, how is defamation punished?

 

In the United States, defamation is punished similarly to what is provided for in France. It is considered a form of private defamation or public defamation depending on who is the target of the defamatory remarks.

Private libel is generally considered less serious than public libel and usually involves defamatory remarks about a private person, rather than a public person. Public defamation, on the other hand, generally concerns defamatory remarks against public figures, such as celebrities or politicians.

In both cases, defamation can be sued and result in damages for the defamed person. However, in the United States, libel law is influenced by the First Amendment to the Constitution, which guarantees freedom of speech. As a result, it is often more difficult to sue for defamation in the United States than in France or other countries.

 

 

 In the UK, how is defamation punished?

 

In the United Kingdom, defamation is punishable by the Defamation Act of 2013. According to this law, defamation is the fact of publishing a "writing, word, picture or other sign which imputes to another person a serious fault, infirmity, ignominy or other dishonorable quality”.

The law also provides a number of defenses against defamation, including the defense of truth (if the defamatory statements are true), the defense of public liability (if the defamatory statements were published in the public interest) and the defense of “private publication” (if the defamatory statements were published to a small number of people).

In the event of a conviction for defamation, the convicted person may be required to publish a corrigendum and pay damages to the defamed person. The law also provides criminal penalties for defamation, but these are generally not enforced in defamation cases.

 

 

 

In Spain, how is defamation punished?

 

In Spain, defamation is punishable by the Penal Code and by the press law. According to article 208 of the Spanish Penal Code, defamation consists in "saying or publishing slanderous or defamatory remarks against a person, a group of people, a company or an institution, in such a way as to undermine their honor or their consideration”.

Defamation can be prosecuted and result in damages for the defamed person. The press law also provides penalties for defamation, including the publication of a corrigendum and the obligation to pay damages.

There are, however, limits to the ban on defamation in Spain. For example, defamation cannot be prosecuted if the defamatory statements were published for the purpose of defending freedom of expression or reasonably criticizing a person or company. Similarly, defamation cannot be prosecuted if the defamatory statements are based on proven facts and if the person who published them acted in good faith.

 

 

 

In Germany, how is defamation punished?

 

In Germany, defamation is punishable by the German Penal Code. According to Article 186 of the German Penal Code, defamation consists of "spreading slanderous or defamatory statements against a person or a group of persons, a company or an institution, in such a way as to undermine their honor or consideration”.

Defamation can be prosecuted and result in damages for the defamed person. The law also provides criminal penalties for defamation, which can be up to five years in prison for serious defamation.

There are, however, limits to the ban on defamation in Germany. For example, defamation cannot be prosecuted if the defamatory statements were published for the purpose of defending freedom of expression or reasonably criticizing a person or company. Similarly, defamation cannot be prosecuted if the defamatory statements are based on proven facts and if the person who published them acted in good faith.

 

If you need the assistance of a lawyer for defamation on the internet, contact the Roquefeuil lawyers, specializing in defamation, communication law and the internet.

To get a quick appointment and a first orientation, make an appointment here: make an appointment