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 ?
The only thing I can recall now, is that I had been served with a summons issued by the Larnaca District Court for alleged defamations, which due to my heavy schedule and frequent travel abroad, and not due to negligence or disrespect towards the court or the plaintiff, but rather by human mistake, was misplaced and mixed in with other documents in my office, as I discovered today, after the announcement and my absence in court," Phedonos said.
The petition, filed in the court of Lahore additional sessions judge Azfar Sultan under sections 4 (defamation actionable) and 9 (remedies) of Defamation Ordinance, 2002, states that 'the facts and circumstances giving rise to the filing of the instant suit are that since the last week of April 2017, the defendant [Imran Khan] started uttering, spreading and resorting to the publication, communication and circulation of maliciously false, baseless and unfounded oral statements and representations against the plaintiff [Shehbaz].
In the court order seen yesterday, only defamation charges are outlined, with no mention of insulting the King.
In his complaint, Jaitley accused Kejriwal and others of defamation and sought Rs 10 crore as damages.
This leaves fewer than five cases that would warrant prosecution for defamation under international standards.
Siddiquee said in a statement: "The defamation notice received by the Advocate representing Aditya Pancholi and Zarina Wahab have been duly replied to.
Defamation laws should not be tools for politicians and those in authority to silence critical voices, Mijatovi?
One of those defamation cases refers to a report on Jaya's medical condition.
Thus, defamation as a civil wrong is adjudged based on different case laws and judgements given by different courts.
India's main opposition Congress party's second-in-command Rahul Gandhi, ruling Bharatiya Janata Party's Subramanian Swamy and Delhi Chief Minister Arvind Kejriwal had challenged the defamation laws.
Alastair Duncan QC, for News Group Newspapers, told the court ex-Scottish Socialist Party leader Sheridan was later convicted and jailed for lying in the 2006 defamation case.
Yet problematic laws are in place such as those that criminalize defamation, facilitate political and economic repression, undermine development and destroy lives.