Slander and defamation: what exactly is it:
As slander and defamation lawyers, we advise and assist our clients.
But what exactly is slander and defamation?
Definition: The Criminal Code does not talk about slander and defamation of honor but rather the assault on the honor or good name of persons.
A definition of what is to be understood by this is found in Article 443.
This article reads as follows:
“He who, in the cases hereinafter indicated, maliciously charges a person with a particular fact, which may injure his honor or expose him to public contempt, and the legal proof of which is not produced, is guilty of slander, when the law admits proof of the fact charged, and of defamation, when the law does not admit such proof.”
The legal requirements for slander and defamation are therefore:
* Malice.
* Charge a specific fact to a person.
* Where that fact may injure his honor or expose him to public contempt.
In the first instance, therefore, there must be bad faith.
Bad faith is not presumed and must therefore be demonstrated.
Furthermore, there must be a charge of a well-defined fact against a person.
It should be about fact and not about anything else.
If there is no charge then at most there can be insults.
Finally, there must be a certain amount of disclosure.
Thus, formulating a mere allegation is not sufficient.
This should be done either in public meetings or places or in a place that is not public but that is frequented by several persons who have access to that place to meet or visit it or any place where the offended person and witnesses are present.
Written allegations can also constitute facts of slander and defamation.
In this case, too, there must be publicity.
In other words, a letter or an e-mail to the person who is himself insulted cannot possibly be considered slander and/or defamation.
Difference between libel and defamation:
Now is there a difference between slander and defamation or are they synonyms?
There is indeed a difference.
Slander refers to false allegations of facts whose proof is permitted by law.
Honor robbery involves false allegations for which the law does not permit proof.
When a particular person holds a public capacity, evidence by any means is admissible.
Allegations against a person of facts belonging to private life can only be proven by a judgment or authentic act.
Blasphemous declaration:
Formulating a defamatory report to the government is also punishable by law.
This is provided for in Section 445 Sw.
Defamation refers to a report or complaint to the government.
In addition, there must be written submission of this complaint.
It should not be overlooked here that there must always be bad faith.
Therefore, this means that the perpetrator must have the intent to harm the targeted person.
Insults:
Insulting a physical or a legal person is also punishable, this under Section 848 Sw.
An insult is the expression of an opinion that does not necessarily involve the charging of a particular fact.
Otherwise, the conditions for insults are the same as for slander and/or defamation.
Assistance by a lawyer:
If you are suspected of slander, defamation or libel, or if you have just been the victim of these crimes, you should seek the assistance of a specialist in these matters.
Assistance to victims:
If YOU are or have been a victim of slander, defamation or insults, there are several options available to you to do something about it.
In addition to a complaint to the police, a complaint with B.P. may also be filed in the hands of the appropriate investigating judge.
Civil proceedings are also a possibility.
Finally, You can turn to the Interlocutory Court to possibly prohibit the perpetrator from spreading certain messages about Your person in the future.
Assistance to suspects:
Are You suspected of slander, defamation or threats?
Even then You can call on our specialized assistance.
We can assist You both in the police and in the courts.
Do you have any questions about this?
Lawyer Peterfreund, your lawyer Antwerp!
