DEFINITION OF DEFAMATION
In Latin is where we find the etymological origin of the term defamation. And it comes from the Latin verb “diffamare”, which is made up of two clearly differentiated parts: the prefix “dis-“, which is equivalent to “divergence”, and the verb “famare”, which is synonymous with “make fame”. ”.
Defamation is the action and effect of slandering (discrediting someone through the dissemination of information that is contrary to their reputation or good reputation). For example: “I am not going to allow the defamation of my children through the media”, “Despite the opposition candidate’s lies, the defamation had no effect and people returned to accompany us in these elections”, “The defamation What these photographs meant for his public image was very great. What Is Defamation?
It can be said that defamation is intended to harm a person from an accusation. The objective is that said defamation affects the dignity or honor of the subject, discrediting him. An individual can be defamed from the communication of a real fact, but also with lies and falsehoods.
In the case of Spain, we have to establish that defamation is a crime that is regulated in the Criminal Code, specifically between articles 205 and 216. In these sections, what is done is to establish what the crimes of slander and insult are, as well as the penalties established for the people who carry them out:
It is the action carried out by every person accusing another of having committed a crime, knowing that it is a lie or with absolute contempt for the truth. In this case, the individual who carries it out can face jail terms of up to two years as well as fines of twenty-four months.
In this case, we can say that it is both the expression and the action that someone performs seriously undermining or injuring the dignity and fame of another individual, even going so far as to attempt against what would be his own estimation. The Penal Code of Spain in this case establishes that injuries that are considered serious can be punished with up to fourteen months of fine.
It must also be established that in any of these crimes, in addition to a prison sentence or a fine, the person who carried them out, in the manner determined by the judge, must make his sentence public. And it is that thus, to a certain extent, he will repair the damage caused.
If a businessman mistreats his employees, they can begin to tell the situation in various areas. In this way, the defamation of the businessman will be underway since society will not endorse his actions. The image of the abuser, therefore, will be tarnished.
Another possibility is that the businessman, in reality, is a fair man and behaves correctly and that the reported facts are just a lie from a company with which he competes in the market. In this case, the businessman must make an effort to demonstrate the falsity of the sayings so that his honor is not affected by the defamations. Society’s reaction will show whether or not it believes the man involved in the public complaint.
A crime consists of accusing of a specific fact that attacks the honor or consideration of a person or persons. Example: “When the neighbor was accused of the theft of my vehicle, defamation was incurred because someone else actually did it.”
Article 442 of the Penal Code: “Whoever, communicating with several people, together or separately, has accused an individual of a certain act capable of exposing him to contempt or public hatred, or offensive to his honor or reputation, will be punished with one year’s imprisonment. to three years and a fine of one hundred tax units (100 UT) to one thousand tax units (1,000 UT)”. GOE No. 5,768 of 4-13-2005. paving block