Slander and Insults on Social Media: Defence
Last updated: · How we verify this content
listIn this article
lightbulbKey Takeaways
- check_circleSlander: Art. 205 Criminal Code
- check_circleSerious insults: Art. 208 Criminal Code
- check_circlePublicity aggravates the penalty
- check_circleTruth defence and freedom of expression
Quick answer
On social media, slander (Art. 205 CP) is attributing a crime to another knowing it to be false or with reckless disregard for the truth; where published it carries 6 months to 2 years in prison or a 12 to 24-month fine. An insult (Art. 208 CP) is an expression that harms another person's dignity; only serious insults are prosecuted and, made publicly, they carry a 6 to 14-month fine. Posting on an open social network amounts to the publicity that aggravates both offences; against slander the truth defence is available (proving the imputed fact), while for insults the boundary lies in freedom of expression.
Need help with your case? Talk to a criminal defense lawyer at Alonso Sala.
Social media has multiplied disputes over honor. As criminal lawyers in offences against honor, we distinguish the two basic offences and their defence.
Slander (Art. 205 Criminal 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 offence against honor because it attributes a specific criminal act.
Insults (Art. 208 Criminal 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 offences. 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.
Defence Strategy
Against slander, the truth defence (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 defence lawyer?
A firm dedicated exclusively to criminal law. We assess your case and design the defence 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.