Slander and Insult: Differences, Penalties and Defence ▷ 2026 Guide

Offences against honour protect the dignity, reputation and self-esteem of individuals. As criminal lawyers experienced in offences against honour, we defend people accused of slander and insult — an area where freedom of expression collides with the protection of another's honour.

Slander (Art. 205 CP)

This consists of falsely attributing a specific offence to someone, knowing it to be untrue. Penalties:

• With publicity (social media, press): 6 months to 2 years in prison, or a fine of 12 to 24 months.
• Without publicity: a fine of 6 to 12 months.

Exceptio veritatis: if the accused proves that the facts attributed are TRUE, they are exempt from liability. It is the most powerful defence.

Insult (Art. 208 CP)

This consists of expressions or actions that harm a person's dignity, damaging their reputation or attacking their self-esteem. It is only prosecuted criminally where it is serious:

• Serious insult with publicity: a fine of 6 to 14 months.
• Serious insult without publicity: a fine of 3 to 7 months.

Defence Strategies

• Exceptio veritatis: proving the truth of what was stated (only in slander, and in insults against public officials).
• Animus criticandi: showing that the expression was legitimate criticism, not an attack on honour.
• Freedom of expression: the Constitutional Court protects freedom of expression where it concerns matters of public interest.
• Lack of seriousness: in insult cases, showing that the expressions did not reach the threshold of criminal seriousness.