Defamation

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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 ?
In recent years, there has been considerable disagreement between the courts and the Service regarding the exclusion of awards for non-physical injuries such as defamation of character.
Enoch Hutchcraft and Monica Hutchcraft: Plaintiff alleges assault and battery, wrongful conversion of property, monetary damages, per se defamation of character by libel.
Some letters about the Queen and the Royal family are bordering on defamation of character and they are quite uncalled for.
Warren, who was seeking defamation of character over allegations made in a radio interview, had an agreed statement issued on his behalf which read: "Frank Warren has agreed to cease his action against Ray Hatton on the basis that both Ray Hatton and Frank Warren have agreed to enter into discussions with respect to Ricky's future fights.
The claim demanded Livingston be paid the settlement the district had agreed do, and alleged wrongful termination and defamation of character.
Flatley is suing Robertson, 34, for $100million for civil extortion and defamation of character.
The head-butting charge, if proved incorrect, may be classed defamation of character.
The "no smoke without fire" brigade will scrutinise his every move, and if he decides not to sue the papers for defamation of character, people will mutter how it must be because he has got something to hide.
At the same time, there is a different crime, the crime of defamation of character, to which priests are particularly vulnerable at this time.
If I hear anyone slagging me off I will sue them for defamation of character.
17 as part of the corruption investigation and subsequently released pending trial, accused Bahceli of defamation of character over a March 27 election speech in which the MHP leader called him a charlatan.