Firstly, check that there is a case of defamation:
Defamation is saying or writing something negative about a person, a company or a group of people, which 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 is defamation in the knowledge that what is said is untrue, or libel, which is defamation in the belief that what is said 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 is prejudicial to the honour or consideration of the person or body to which the fact is imputed is defamation. The direct publication or reproduction of this allegation or imputation is punishable, even if it is made in dubious form or if it is directed at a person or body not expressly named, but whose identification is made possible by the terms of the incriminating speeches, shouts, threats, writings or printed matter, placards or posters.
Any insulting expression, term of contempt or invective which does not contain an 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 in order to defend freedom of expression or to reasonably criticise a person or company. Similarly, defamation is not actionable if the defamatory statements are based on proven facts and 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 defamation is generally considered less serious than public defamation and usually involves defamatory statements against a private person, rather than a public person. Public defamation, on the other hand, usually involves defamatory statements against public persons, such as celebrities or politicians.
In both cases, defamation can be prosecuted and result in damages for the person defamed. However, in the United States, defamation 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 US than in France or other countries.
In the UK, how is defamation punished?
In the UK, defamation is punishable under the Defamation Act 2013. According to this Act, defamation is the act of publishing a "writing, word, picture or other sign which imputes to another person a serious fault, infirmity, ignominy or other dishonourable quality".
The law also provides a number of defences to defamation, including the defence of truth (if the defamatory statements are true), the defence of public liability (if the defamatory statements were published in the public interest) and the defence 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 under the Criminal Code and the Press Law. According to Article 208 of the Spanish Criminal Code, defamation consists of 'saying or publishing slanderous or defamatory statements against a person, a group of persons, a company or an institution, in such a way as to harm their honour or consideration'.
Defamation can be prosecuted and lead to damages for the defamed person. The Press Act also provides for sanctions for defamation, including the publication of a correction and the obligation to pay damages.
However, there are limits to the prohibition of defamation in Spain. For example, defamation cannot be prosecuted if the defamatory statements were published in order to defend freedom of expression or to reasonably criticise a person or company. Similarly, defamation cannot be pursued 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 under the German Criminal Code. According to Section 186 of the German Criminal Code, defamation is 'the dissemination of slanderous or defamatory statements against a person or group of persons, an enterprise or an institution, in such a way that their honour or reputation is damaged'.
Defamation can be prosecuted and lead to damages for the defamed person. The law also provides for criminal penalties for defamation, which can go up to five years' imprisonment in the case of serious defamation.
However, there are limits to the prohibition of defamation in Germany. For example, defamation cannot be prosecuted if the defamatory statements were published with the aim of defending freedom of expression or reasonably criticising a person or company. Similarly, defamation cannot be prosecuted if the defamatory statements are based on true facts and the person who published them acted in good faith.
If you need the assistance of a lawyer for internet defamation, please contact 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
French 
English