Slander and Insults on Social Media: Defense
Last updated:
listIn this article
lightbulbKey Takeaways
- check_circleSlander: Art. 205 Penal Code
- check_circleSerious insults: Art. 208 Penal Code
- check_circlePublicity aggravates the penalty
- check_circleTruth defense and freedom of expression
Social media has multiplied disputes over honor. As criminal lawyers in offenses against honor, we distinguish the two basic offenses and their defense.
Slander (Art. 205 Penal Code)
Slander is committed by anyone who attributes a crime to another knowing it to be false or with reckless disregard for the truth. The penalty is 6 months to 2 years in prison or a 12 to 24-month fine where published. It is the most serious offense against honor because it attributes a specific criminal act.
Insults (Art. 208 Penal Code)
An insult is an action or expression that harms another person dignity, damaging their reputation or self-esteem. Only serious insults are prosecuted; made publicly, they carry a 6 to 14-month fine.
The "Publicity" Factor Online
Sharing the message on an open social network amounts to the publicity that aggravates both offenses. The author of the content is liable, and resharing or reproducing a defamatory message may create personal liability. Keeping screenshots with date and URL is essential as evidence.
Defense Strategy
Against slander, the truth defense (proof of the imputed fact) is available. For insults, the line lies in freedom of expression and the right to criticize. Retraction and reparation can mitigate the criminal response.
⚖️ Do you need a criminal defense lawyer?
A firm dedicated exclusively to criminal law. We assess your case and design the defense strategy.
gavelDo you need criminal defense in this area?
We are criminal defense lawyers specializing in crimes against honor. We act urgently to protect your rights.