Defamation

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Related to Criminal libel: slander, Defamatory libel

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 ?
5] Law Commission Working Paper, Criminal Libel (Law Com No 84, 1982).
But the overall ruling was that Louisiana's criminal libel law violated Sullivan and was unconstitutional.
While harsh criminal libel legislation remains in force in other parts of Asia, Dado said the Philippine law sent the wrong signal in a country that overthrew the military-backed Ferdinand Marcos dictatorship just 26 years ago.
273) According to Borochov, the mens rea requirement in criminal libel cases did not include a predictability requirement that entails a presumption of intent.
Editor Paul Dacre's action might easily have seen him jailed for contempt of court or criminal libel.
This rare charge of criminal libel was brought and prosecuted through the Supreme Court of Canada to protect the reputation of a police officer.
French-Israeli law professor sues for criminal libel for a slightly negative book review.
When Garrison lost, he appealed to the Supreme Court with an outcome that displayed, for the first time, state criminal libel laws meeting First Amendment free speech protection.
On complaint of Sheriff Mid Littiebrant, Swift Lathers, editor of the Mears Newz, was arrested yesterday afternoon on a charge of criminal libel.
And when theWestern Mail published a mock epitaph for the statue on July 24, 1886, by a local solicitor, Thomas Henry Ensor, he and the paper's editor Lascelles Carr were prosecuted for criminal libel.
11) The "not otherwise included" misdemeanor was criminal libel.
And while the Hickey, Cajuste, and similar cases from around the country have attracted attention to the problem of online predators, (9) they do not entirely resemble the cases that have generated controversy over criminal libel laws and the Internet in the last ten years.