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 ?
100) Thus, by applying the traditional American single publication rule to hyperlinks, the court held that a hyperlink is not an adequate basis for the defamation claim.
From 1999 through 2011, the United Nations ("UN") hosted an annual struggle between one group of states rallying to establish an international norm prohibiting defamation of religion and another group that was staunchly opposed to such a move.
Twenty-six dioceses each had a consistory court with defamation cases providing about one quarter of their business.
2014), an attorney sued her former law partner for defamation.
Opposing the petition seeking quashing of criminal defamation law, Rohatgi submitted that doing away with the law would bring anarchy into the society.
Following his allegations, Rajesh Kunte, secretary of the Bhiwandi unit of RSS, had moved the local court against Rahul's remarks and filed a defamation case.
Former law minister and Senator Dr Babar Awan submitted his license in order to represent Pakistan TehreekeInsaf (PTI) chairman Imran Khan in defamation suit filed by former Chief Justice Iftikhar Chaudhry.
The court had on February 28 summoned Kejriwal as an accused in the criminal defamation complaint observing that statements allegedly made by the P leader have the effect of "harming the reputation" of the complainant.
Al Ain FC have lodged a defamation case against Romanian Cosmin Olaroiu, who led the team to major success before falling out with management.
The Defamation Act 2013 introduces a "new serious harm threshold" designed to help people understand when claims should be brought and discourage wasteful use of court time.
I was most intrigued by the front page report, "New defamation laws discussed" (GDN, November 18).
A press conference was held by the Egyptian Initiative for Personal Rights (EIPR) on Wednesday, presenting a report of the cases of defamation of religion since the 25 January Revolution.