Defamation
Legal remedy for injury to reputation, honour, or dignity.
Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. Its precise legal definition varies from country to country, and it is not necessarily restricted to false assertions, extending to abstract concepts such as dignity and honour. In the English-speaking world, defamation law traditionally distinguishes between libel (written, printed, posted online, published in mass media) and slander (oral speech), and is treated as a civil wrong, a criminal offence, or both.
- field
- Law
- known_for
- Legal protection of reputation, honour, and dignity
- legal_tradition
- Roman law and early English law
- key_distinction
- Libel vs. slander
- human_rights_framework
- ICCPR Article 17 and Article 19
Lore & Background
Defamation law has a long history stretching back to classical antiquity. Roman law aimed to give sufficient scope for discussing a man's character while protecting him from needless insult and pain. The remedy for verbal defamation was long confined to a civil action for a monetary penalty, but a new remedy was introduced with the extension of criminal law, under which many kinds of defamation were punished with great severity.
Reader's Guide
Defamation law's significance lies in its role as a legal mechanism to balance the protection of reputation with freedom of expression. International human rights law, particularly ICCPR Articles 17 and 19, requires that domestic defamation law provide for truth as a valid defence, recognize reasonable publication on matters of public concern, and ensure that defamation is addressed as a tort. The European Convention on Human Rights permits restrictions on freedom of speech when necessary to protect reputation or rights. The United Nations Human Rights Committee's General comment No. It also recommends that states consider decriminalizing defamation. Despite these frameworks, the worldwide use of criminal and civil defamation to censor, intimidate, or silence critics has been increasing in recent years.
Did You Know?
- Defamation law can extend to concepts more abstract than reputation, such as dignity and honour.
- In Roman law, the truth of defamatory statements was no justification if they were made in a public and insulting manner.
- In Anglo-Saxon England, slander was punished by cutting out the tongue.
- The United Nations Human Rights Committee's General comment No. 34 recommends that states consider the decriminalization of defamation.
Frequently Asked Questions
Who is Defamation?
Defamation is the legal doctrine governing communications that harm another person's reputation and create a legally compensable injury. It is not limited to outright lies; it can also encompass broader notions like dignity and honour, and its exact boundaries shift across different national legal systems.
What are Defamation's powers/role?
Defamation operates as a legal shield protecting an individual's reputation, honour, and dignity from injurious statements made by others. Depending on the jurisdiction, it can be pursued as a civil tort, a criminal offence, or both, giving the injured party a formal avenue for redress.
How does Defamation's story end?
A defamation claim typically resolves through a legal remedy—such as damages, a retraction, or an injunction—awarded by a court to the party whose reputation was harmed. The precise outcome depends on whether the case is framed as a civil wrong or a criminal matter under the applicable legal system.
Why is Defamation important?
Defamation sits at the intersection of free expression and personal dignity, which is why it is anchored in human-rights frameworks like ICCPR Articles 17 and 19. Its roots stretch back to Roman law and early English law, making it one of the oldest and most enduring protections in the legal tradition.
What's the key distinction in Defamation's lore?
In English-speaking legal traditions, Defamation splits into two main branches: libel, which covers written, printed, or digitally published statements, and slander, which covers spoken words. This libel-versus-slander divide shapes how a claim is brought, what proof is required, and what remedy is available.
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