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 ?
However, using defamation cases to silence or attempt to censor those who speak or debate publicly and share their views on cases filed under the aforementioned act 'prevents aggrieved parties from considering even legal recourse available to them'.
The question is 'Does the decision of the Federal Court in Chong Chieng Jen vs the state government of Sarawak allow a government official to sue for defamation in his or her official capacity bearing in mind the decision in Derbyshire County Council vs Times Newspaper Ltd and Others (1993) not being applicable under Malaysian law'.
Ali Zafar's legal team says he didn't serve defamation notice to silence Meesha Shafi
The Court of Appeals held that the plaintiff had presented evidence of emotional damage, which was sufficient, and further that the statements fell into a defamation per se category and thus were "actionable without proof of damages." Id.
"I, [Bill Cosby], will never settle any defamation claim, I will continue to pursue my counterclaims, and I will not relinquish AIG from its responsibility in defending my defamation claims."
American International Group, acting under a homeowner's insurance policy it issued for comedian Bill Cosby, has settled defamation claims filed by seven women against the entertainer.
For the defamation claim, the jury awarded Heagney $750,000 in compensatory damages and for the Chapter 151B claim, no compensatory damages but $750,000 in punitive damages.
A new consultation on defamation - the damaging of an individual's reputation through false communication - follows a report by the Scottish Law Commission which made 49 recommendations to simplify legislation.
A new consultation on defamation the damaging of an individuals reputation through false communication follows a report by the Scottish Law Commission which made 49 recommendations to modernise and simplify legislation.
One recognized area in need of reform is within the legal realm of torts, in particular, defamation. (4) False accusations of homosexuality have historically been recognized as grounds for defamation.
Further, the PTI leader also filed a defamation suit against ANP leader Himayatullah Mayar in a lower court in Islamabad.
PESHAWAR:Pakistan Tehrike Insaf former MPA Fauzia Bibi from district Chitral on Thursday filed Rs 0.5 billion defamation suit against PTI chief Imran Khan over alleging her of taking money during Senate polls.