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 ?
A model legal code that is widely used in American courts, the "Restatement of Torts," suggests that an individual should not be insulated when reporting his or her own libelous testimony.
Everiss and will hold him accountable for his blatantly illegal and libelous actions.
Dean Smith of Active Air Freight knows just how people in this situation feel, after expending considerable time and resources attempting to clear his own name of libelous, false, and vile accusations from "anonymous" postings on two consumer complaint web sites.
They settled the case with a $15,000 consent judgment in which Bradley promised to "cease and desist in any and all libelous, slanderous, demeaning, defaming or otherwise derogatory communication .
I demand that you print immediately a retraction of the following false and libelous statements in your column, and any similar that you may have disseminated through any means whatever:
Hilton Als's "slant" is an outrageous, libelous diatribe
The managing editor and the reporter conspired together to defraud the people of Hampton Roads, the Associated Press and the electronic media by making a libelous assertion which they knew was not contained in the 500-page file released by the Office of Consumer Affairs.
Demon Internet Ltd says it will appeal against the judgement by the High Court that says the UK ISP is responsible for hosting libelous messages.
Under British law, a printer (as well as retailers and wholesalers) can be held liable for distributing libelous material.
In reality, the Net has always been subject to libel law (as well as other laws), and no reasonable person has ever supposed that he couldn't be sued for saying something libelous on the Internet.
He pressured the mayor's office, continued to picket performances of Romeo and Juliet and disseminated libelous information.
3 To be libelous, all that is required is for the statement to be defamatory.