Defamation

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Related to Trade libel: Tort of outrage

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 ?
Trade libel or product libel, more generally known as injurious falsehood, is a distinct tort from the defamation tort, protecting a product or service, not an individual or entity, and resting firmly at common law on a requirement that the plaintiff prove falsity and actual economic harm, rather than on defamation's defense of truth and liberal damage rules, but the torts are also highly similar.
In recent years, internet based defamation and trade libel has become a focus for Syverson as companies and professionals who are targeted often retain Syverson as counsel.
Libel, slander, trade libel or disparagement resulting from the electronic publishing of material that defames a person or organization or disparages a person's or organization's goods, products or services.
Coverage also is provided for liability arising from communications through a financial institution's Internet media--including allegations of libel, slander, product disparagement and trade libel resulting from the content a financial institution publishes on its Web site.
The construction company, which also is known as QwikResponse, sued the association for trade libel, slander and negligent lawsuits, and won a judgment from an arbitrator in July.
Paul has nearly 30 years experience dealing with commercial litigation and civil disputes including cases involving trade libel & malicious falsehood, sports disciplinary, partnership disputes, company law (including warranty disputes and shareholder claims), contract disputes, health sector issues, debt recovery and various regulatory matters including defended health and safety and environmental prosecutions.
An arbitrator found that the association engaged in trade libel, slander, and filed negligent lawsuits as it accused the company of doing substandard work and withheld payment on a $6.
Tensor alleges the statements in the fax amount to unfair competition, unfair trade practices and trade libel.
in which they sought $4,000,000 in actual damages based on claims of false advertising, defamation and trade libel and spent hundreds of thousands of dollars in attorneys fees.