Concept in Definition ABC
Miscellanea / / July 04, 2021
By Javier Navarro, in Jun. 2014
A defamation is a false accusation. To defame a person is to insult him through a lie. The idea of defamation implies that the disqualification of another person is based on a falsehood. This falsehood causes the prestige and social image of the insulted person to be affected very negatively.
We are defamed when someone verbally attacks us with offensive words, mainly because they are uncertain. We can be defamed through writing where false information about us appears. Whether the defamation is verbal or written, it can be constitutive of a crime and the offended person has the option of resorting to the courts so that the Justice rule on the matter. One of the problems of defamation as a crime is the probative element, that is, evidence must be presented to prove the offense. If it has been done in writing (in a media like the press), there is physical evidence (the specific publication) that proves the possible defamation. A judge must assess the content of the writing, the words and the context and, finally, pronounce a verdict.
There are many words similar to defamation: insult, offense, disqualification, lie... They are synonymous words, although each has its own context. In an everyday situation if someone is missing us I respect, we say they have insulted us. This same idea transferred to the legal sphere becomes a defamation. The code Each country's criminal law usually includes laws to criminalize defamation. In legal terminology, the word libel or slander is used as the most appropriate term.
It is logical that the criminal code punishes defamation, since a lie that is spread through a medium (press, social networks, etc.) can cause irreparable harm to the person affected. Laws are intended to protect the rights of citizens, and there is a right to honor, an implicit right in people's lives. Privacy is also protected by law and if an aspect of our private life were disclosed, it would be talking about an attack on personal privacy.
Defamation is grounds for debate. The person who offends can do so covertly, without directly disqualifying someone. Furthermore, the slanderer also has the protection legal of the Liberty from expression. In this way, if the insult is made subtly, the defamation cannot be easily demonstrated and the damage caused will go unpunished. Another controversial aspect is the dissemination of offenses through tweets, where there are disqualifications that are considered defamatory.
Defamation Issues