defamation law pre-date the American Revolution; one famous 1734 case involving John Peter Zenger sowed the seed for the later establishment of truth as an absolute defense against libel charges.
In recent times, internet publications such as defamatory comments on social media can also constitute libel. ====Cases involving libel==== An early example of libel is the case of John Peter Zenger in 1735.
Section 6 of the Libel Act 1843 allowed the proven truth of the allegation to be used as a valid defense in criminal libel cases, but only if the defendant also demonstrated that publication was for the "Public Benefit". In some systems, however, notably the Philippines, truth alone is not a defense. It is also necessary in these cases to show that there is a well-founded public interest in the specific information being widely known, and this may be the case even for public figures.
The Japanese word for defamation is 名誉毀損 (meiyokison) when broken down, literally means "damaged honor".) An example case can be found at [http://www.e-budo.com/forum/showthread.php?54206-Japan-civil-court-finds-against-ZNTIR-President-Yositoki-(Mitsuo)-Hataya-and-Yoshiaki] ====Nepal==== Defamation is a Criminal offense under the Defamation Act, 1859 ====Philippines==== Title thirteen of the Revised Penal Code of the Philippines addresses Crimes Against Honor.
Notably, the Italian anarchist Errico Malatesta was convicted of criminal libel for denouncing the Italian state agent Ennio Belelli in 1912. Libel law in England and Wales was reformed by the Defamation Act 2013. =====Scotland===== In Scots law, as in other jurisdictions that base themselves on the civil law tradition, there is no distinction between libel and slander, and all cases are simply defamation.
The 2009 Act repeals the Defamation Act 1961, which had, together with the underlying principles of the common law of tort, governed Irish defamation law for almost half a century.
The 1964 case New York Times Co.
According to § 251, defamation lawsuits must be initiated by the offended person, unless the defamatory act was directed to an indefinite group or a large number of persons, when it may also have been prosecuted by public authorities. Under the new Penal Code, decided upon by the Parliament in 2005, defamation would cease to exist as a crime.
In the most recent case, in 2012, an Ottawa restaurant owner was convicted of ongoing online harassment of a customer who had complained about the quality of food and service in her restaurant. According to an Organization for Security and Co-operation in Europe official report on defamation laws issued in 2005, 57 persons in Canada were accused of defamation, libel and insult, among which 23 were convicted – 9 to prison sentences, 19 to probation and one to a fine.
It is based on the New York State 2008 Libel Terrorism Protection Act (also known as "Rachel's Law", after Rachel Ehrenfeld who initiated the state and federal laws).
Finally, disparaging the memory of a deceased person is punished with imprisonment of up to six months (Penal Code, Article 365). ====Ireland==== Individuals are protected under the Defamation Act 2009 which came into force on 1 January 2010.
The 2009 Act repeals the Defamation Act 1961, which had, together with the underlying principles of the common law of tort, governed Irish defamation law for almost half a century.
The 2009 Act represents significant changes in Irish law, as many believe that it previously attached insufficient importance to the media's freedom of expression and weighed too heavily in favor of the individual's right to a good name.
To collect punitive damages, all individuals must prove actual malice. Criminal libel was abolished on 12 January 2010 by section 73 of the Coroners and Justice Act 2009.
Generally, criminal actions proceed civil ones with South Korean police as judicial investigators. As of June 2010, South Korean courts are still hearing defamation cases, and individuals are frequently fined several thousand dollars for exposing true facts.
Finally, disparaging the memory of a deceased person is punished with imprisonment of up to six months (Penal Code, Article 365). ====Ireland==== Individuals are protected under the Defamation Act 2009 which came into force on 1 January 2010.
To collect punitive damages, all individuals must prove actual malice. Criminal libel was abolished on 12 January 2010 by section 73 of the Coroners and Justice Act 2009.
The United Nations Human Rights Committee ruled in 2012 that the libel law of one country, the Philippines, was inconsistent with Article 19 of the International Covenant on Civil and Political Rights as well as urging that "State parties [to the Covenant] should consider the decriminalization of libel".
The OSCE report also noted that blasphemy and religious insult laws exist in around one third of OSCE participating states; many of these combine blasphemy and religious insult with elements of [speech] legislation. In Africa, at least four member states decriminalized defamation between 2012 and 2017.
A notable characteristic of these crimes under Philippine law is the specification that they apply to imputations both real and imaginary. In 2012, the Philippines enacted Republic Act 10175, titled Cybercrime Prevention Act of 2012.
In the most recent case, in 2012, an Ottawa restaurant owner was convicted of ongoing online harassment of a customer who had complained about the quality of food and service in her restaurant. According to an Organization for Security and Co-operation in Europe official report on defamation laws issued in 2005, 57 persons in Canada were accused of defamation, libel and insult, among which 23 were convicted – 9 to prison sentences, 19 to probation and one to a fine.
For example, in May 2012 an appeals court in New York, citing changes in public policy with regard to [ruled that describing someone as
Notably, the Italian anarchist Errico Malatesta was convicted of criminal libel for denouncing the Italian state agent Ennio Belelli in 1912. Libel law in England and Wales was reformed by the Defamation Act 2013. =====Scotland===== In Scots law, as in other jurisdictions that base themselves on the civil law tradition, there is no distinction between libel and slander, and all cases are simply defamation.
The petitions all claim that the law infringes on freedom of expression, due process, equal protection and privacy of communication. ====Saudi Arabia==== In a 2015 case, a Saudi writer was arrested for defaming a former ruler of the country.
The Criminal Code took effect on October 1, 2015. ====Poland==== In Poland, defamation is a crime that consists of accusing someone of a conduct that may degrade him in public opinion or expose him "to the loss of confidence necessary for a given position, occupation or type of activity".
In Saudi Arabia, defamation of the state, or a past or present ruler, is punishable under terrorism legislation. ==Overview== As of 2017, at least 130 UNESCO member states retained criminal defamation laws.
In 2017, the Organization for Security and Cooperation in Europe (OSCE) Office of the Representative on Freedom of the Media issued a report on criminal defamation and anti-blasphemy laws among its member states, which found that defamation is criminalized in nearly three-quarters (42) of the 57 OSCE participating states.
The OSCE report also noted that blasphemy and religious insult laws exist in around one third of OSCE participating states; many of these combine blasphemy and religious insult with elements of [speech] legislation. In Africa, at least four member states decriminalized defamation between 2012 and 2017.
All text is taken from Wikipedia. Text is available under the Creative Commons Attribution-ShareAlike License .
Page generated on 2021-08-05