Public defamation: characteristics and sanctions

Public defamation: characteristics and sanctions

 

Defamatory speech falls within the limits of freedom of expression, because defamation is considered to be an allegation of an act which harms the honor of a person whose act is imputed. It is therefore a crime, and the victim has the right to file a complaint against the perpetrator.

 

The public nature of the defamation

 

In order for an offense to be considered public defamation, the incriminated comments must contain the following material elements:

 

 The allegation of a specific fact

The attack on the honor or the consideration of the person

The person targeted by the comments must be determined or easily identifiable

The public nature of the remarks.

Once these material elements are correct and real, bad intention becomes the moral element. Thus, the defamatory nature of an accusation is analyzed independently of the particular situation of the victim. And the notoriety of the imputation is irrelevant to the assessment of the existence of a violation of honor and respect. It is therefore a violation of honor when a person is charged with the offense committed, an act contrary to morality, honesty or good morals.

 

The applicable procedure

 

In the event of public defamation, it is advisable to act very quickly, as the limitation period is only three months. The first step in dealing with such a situation is to file a complaint. This is the trigger for the investigation, then the request to the public prosecutor who will order the following: classification, reimbursement, trial and judgment by the court. If the defamation is published in the media, the complaint is filed against the editor, whether the author or not. Even if he isn't, he will be tried as an accomplice. And if the publication is on the Internet, recourse to a criminal complaint is ideal, because the help of the investigating services will allow the date, origin and author of the defamatory comments to be found. And it is wise to have a bailiff drawn up to avoid the disappearance of the words as formal proof. If the perpetrator is known, it is possible to file a direct summons with the court for a trial without filing a complaint.

 

Criminal and civil penalties incurred

 

The limitation period is three months from the first publication. And under the Pleben II law, this time limit is extended to one year if the public defamation was pronounced because of discrimination. This offense is difficult to define, but could have serious consequences on the image of the victim. So, it is strongly recommended to be accompanied by a professional. According to the Penal Code, defamation against individuals will be punished with a fine of 12,000 euros. And if it is committed against a public authority or a person in the form of discriminatory statements, the perpetrator risks up to a year in prison and a fine of up to 45,000 euros.