Defamation, Libel, Slander
David Johnson (2022-11-26)
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Defamation law can be divided into civil and criminal matters.
Under the civil law, defamation is regarded as a tort, and alimony can be claimed according to Article 750 of the Civil Act, 「Claim for Civil Damages」. Article 750 of the Civil Act, as a general principle for torts, stipulates that “a person who inflicts damage on another through an intentional or negligent illegal act is liable to compensate for the damage.”
In the Criminal Law, defamation is a general provision in Article 307 of the Criminal Law, which is defined as 'a crime established by defaming a person by openly stating facts or false facts'.
The two are separate procedures. The former is in the form of a lawsuit in which the victim becomes the plaintiff and claims civil damages. If criminal defamation is convicted, civil liability for damages is recognized almost 100%.
The civil law system protects reputation by viewing it as a part of personal rights, rather than classifying defamation as a separate tort. In many respects, Germany, France and other European countries take a stricter stance than common law countries. For example, in many countries there is no fair comment or good reason defense. However, the strictness was somewhat eased by Article 10 of the European Convention on the Protection of Human Rights, which protects freedom of expression. 온라인카지노
Almost all countries protect a person's reputation with defamation or similar laws. Recalling what we have looked at above, there are some differences in the case of common law countries, but in general, the law imposes liability for defamation if the defendant has intentionally or negligently published false facts to defame the plaintiff, and the defendant has no reason for immunity. In civil law, defamation is treated as a part of personal rights, instead of being classified as a separate area of law, to protect reputation.
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