Defamation

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Related to Criminal libel: slander, Defamatory libel

Defamation

 

in criminal law, a crime against the individual, consisting in the spreading of fabrications known to be false that defame another person. For the act to be deemed defamation, it is necessary that the guilty person know that he is spreading false information intended to damage the victim’s reputation, and it is sufficient that the information be communicated to only one person. Under Soviet law, circumstances aggravating responsibility are the spreading of false defamatory fabrications by a person previously convicted of defamation; the spreading of defamatory fabrications in a printed work or a work reproduced by other means; and the spreading of fabrications known to be false combined with the accusation of commission of a crime against the state or other grave crime.

Defamation is punishable by deprivation of freedom or correctional labor for a term of one year or a fine of 50 rubles, or by imposition of the obligation to make amends for the harm caused, or by public censure. In the event of aggravating circumstances, deprivation of freedom for a five-year term may be applied (for example, Criminal Code of the RSFSR, art. 130). In cases involving defamation without aggravating circumstances proceedings are initiated only on the complaint of the victim and are subject to dismissal in the event of reconciliation with the defendant before the court withdraws to render its judgment. In exceptional instances provided for by law, proceedings may be initiated by the procurator even in the absence of a complaint by the victim. The circulation of true though defamatory information does not constitute a crime under Soviet legislation.

References in periodicals archive ?
Two primary reasons led the Court to grant certiorari in three petitions to appeal on private criminal libel complaints.
It is true that within the past twenty years, many courts have taken the same course as Parmelee and have thrown out entire criminal libel statutes on overbreadth grounds.
In order to understand this disconnect and properly analyze the propriety of the pending bill, it is useful to view the legislation within the context of existing regulations geared toward preventing similar behavior, the history of criminal libel, and the resurgence of criminal libel via the Internet.
Welsh Secretary and Commons Leader Peter Hain could have been the subject of criminal libel proceedings more than 30 years ago, government documents reveal today.
Meanwhile a complaint of criminal libel against the book's co-author - People Ireland Editor Greg Harkin - has been binned by the PSNI.
Lake, who operated a Web site on which he made disparaging remarks about his high school classmates and administrators, was arrested and charged with criminal libel.
As Justice William Brennan observed in his opinion in Garrison, criminal libel is an antiquated legal concept going back to the days when, if someone maligned you, your impulse would be to challenge him to a duel rather than sue him in civil court and drive him into bankruptcy Insults were believed to be so incendiary that they could incite the uneducated masses to take up arms and riot in the streets.
He laughed when it was suggested he could lose the criminal libel case brought by the Ecclestones.
Jennings and co-author Vyv Simson were found guilty of criminal libel in 1993 over the book ``The Lords of the Rings'' that details Samaranch's role in the regime of Spanish dictator Francisco Franco.
Born to a wealthy family in Italy, he fled to the United States in 1904 to escape prosecution for criminal libel.
He had previously been convicted of Criminal Libel by the same Danish Court in 1996, and sentenced to a fine in lieu of 10 days imprisonment.
Historically, it was established that a member of parliament should have immunity so that the execution of their duties isn't affected by fear of criminal libel law.