Defamation on social networks: what to do
There Cassation intervenes again on the defamation via social networks, declaring the appeal inadmissible’cassation lawyer a graduate who had accused a researcher of plagiarizing her thesis, while at the same time outlining the boundaries of defamation on social networks.
There Supreme Court further states that the dissemination of defamatory messages on blogs of registered newspapers does not constitute the offence of defamation in the press.
According to the penal code, the conduct of those who, "“By communicating with more people, he offends the reputation of others“, integrates the extremes of the crime of defamation (art. 595). Reputation, which constitutes one of the so-called personality rights, can be defined as the esteem that each person enjoys among the other members of the community to which he belongs; reputation is nothing other than the "“social projection” of individual honor.
In its basic version, the crime of defamation is punishable by imprisonment of up to one year or a fine of up to 1,032 euros. However, when the offence is committed through the press or any other means of advertising, we are faced with a hypothesis of aggravated defamation, punishable by imprisonment from six months to three years or a fine of not less than 516 euros.
In addition to criminal sanctions, those who defame can be sentenced to compensate the victim for damages; both financial damages (loss suffered and lost earnings), as well as non-pecuniary ones (damage to image, moral damage, etc.).
In this regard, the Court of Cassation has affirmed that the diffusion of a defamatory message through the use of a Facebook wall constitutes a hypothesis of aggravated defamation; This method of communicating information that can potentially discredit someone's reputation has the potential to reach an indeterminate number of people, because through this virtual platform, groups of individuals enhance the profile of interpersonal relationships extended to an indeterminate number of members for the purpose of constant socialization.
Defamation on social networks: what to do
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