Defamation involves discrediting a person by disseminating information that affects their reputation.
Defamation is the action and effect of defaming (discrediting someone through the dissemination of information that is contrary to their reputation or good name). In Latin is where we find the etymological origin of the term, which comes from the word diffamare ; This, in turn, is composed of two clearly differentiated parts: the prefix dis- , which is equivalent to "divergence" , and the verb famere , which is synonymous with "to make fame" .
For example: "I will not allow the defamation of my children through the media" , "Despite the lies of the opposition candidate, the defamation had no effect and people once again joined us in these elections" , "Defamation What these photographs meant for his public image was very great .
Target of defamation
It can be said that defamation is intended to harm a person based on an accusation . The objective is for said defamation to affect the dignity or honor of the subject, discrediting him or her. An individual can be defamed through 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 Penal Code , specifically between articles 205 and 216 . In these sections what is done is to establish what the crimes of slander and slander are, as well as the penalties that are established for the people who carry them out:
- Slander . It is the action carried out by any person accusing another of having committed a crime, knowing that it is a lie or with absolute disregard for the truth. In this case, the individual who carries it out can face prison sentences of up to two years as well as fines of twenty-four months.
- Insult. It refers to both the expression and the action that someone performs that undermines or seriously harms the dignity and fame of another individual, even going so far as to attack what would be their own esteem. The Spanish Penal Code establishes that insults that are considered serious can be punished with up to fourteen months of fine.
It should also be noted that in any of these crimes, in addition to the prison sentence or fine, the person who carried them out, in the manner determined by the judge, must make their sentence public. And this way, to a certain extent, it will repair the damage caused.
Defamation can be achieved by spreading lies.
An example
If an employer mistreats his employees, they may begin to tell about 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 with correct behavior, and that the reported facts are just a lie from a company with which he competes in the market . With this panorama, the businessman must make an effort to demonstrate the falsity of the statements so that his honor is not affected by the defamation. The reaction of society will demonstrate whether or not it believes the man involved in the public complaint.