Could Defamation Be Prosecuted?

Abstract

Defamation as a means of defaming a natural or legal person is different from calumny in substance. If calumny is based on false facts defamation is based on credible facts that are publicly disclosed. Therefore, it is not subject to prosecution. However, defamation can be based on a special treatment or reliable facts: grouping, dissection and systematization on a unilateral basis. Then prosecution is possible, but on other legal grounds: a threat to the security of society or the state; an insult to the power bodies; the inner conviction of the judge and simply at the request of the Executive.

Keywords

• defamation
• calumny
• technology of defaming