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The public defamation and insult

Last Updated on Sunday, 22 May 2011 08:31 Written by Administrator Friday, 08 August 2008 23:32

Defamation is defined (Article 29 of the Act of 1881) as "any allegation or imputation of a fact which undermines the honor or reputation of the person or body to which the act is attributed." It is punishable (12,000 euro fine) as soon as it is committed against individuals by, in particular, any means of audiovisual communication (articles 23 and 32 of the 1881 Act), even if done as doubtful or if it against a person or body not specifically named, since the identification is made possible by the language. No matter, as well, it is only the reproduction of a preexisting claim;

The insult is it, "any offensive expression, words of contempt or invective that contains the imputation of any fact" (Article 29 of the 1881 Act). Committed against individuals via an electronic network and not preceded by provocations, it is punishable by a fine of 12,000 euros (Article 33).

Libel and public insult to discriminate

When an insult or defamation is committed, through an electronic network, to a person or group of persons because of their origin or membership or non membership of an ethnic group, nation, race or a religion, the penalties are much more severe (Articles 32 and 33 of the 1881 Act): a year in prison and a fine of 45,000 euros or one of those penalties for defamation, six months imprisonment and / or a fine of 22,500 euros in case of injury. In both cases, the display or dissemination of the decision taken can be ordered as an additional penalty.

Defamation and insult non-public

The injury (not preceded by provocation) and non-public defamation, that is contained for example in an email message addressed to a person defined, are also suppressed to the fine prescribed for contraventions of the first class or 38 euros or less (R. 621-1 and R. 621-2 of the New Penal Code).

Defamation and insult non-discriminatory public

Finally, the defamation or insult not publicly committed "to a person or group of persons because of their origin or their belonging or non-membership, real or supposed, of an ethnic group, nation, race or religion "are punishable by a fine for contravention of the fourth class, or at most 750 euros (Articles R. 624-3 and R. 624-4 of the New Penal Code).

The defense of truth

Add that the evidence of the truth of defamatory facts (and in one case, facts offensive) may terminate the prosecution, except in the many exceptions listed in Article 35 of the Act of July 29, 1881 (proof of the truth of a defamatory matter can not be reported, for example, when the charge concerns the privacy of the person, when referring to events that occurred more than ten years, except, in the latter two If, for some offenses committed against minors, or acts constituting an offense or pardoned or prescribed which resulted in a conviction expunged through rehabilitation or revision.