Defamation, in a legal sense, involves tarnishing a person's honor or good name by accusing them of a particular fact. Defamation is a (more severe) form of insult. Defamation is punishable in principle and imprisonment of up to six months or a fine of the third category (€10,300). If the offence is committed by distributing writings or images, the prison sentence can rise to a maximum of one year or a fine of the third category.
An example of defamation is when someone publicly claims on social media that a former business partner embezzled money. While the allegation may be based on truthful information, such as rumors of financial problems, the accusation is presented in a way that seriously damages the partner's reputation. These statements are made without concrete evidence and with the intention of portraying the partner in a negative light. As a result, the person may experience difficulties in their professional life and personal relationships, despite the fact that the information may be factually correct.
What does the article of law say regarding defamation?
The law article criminalizing libel, Article 261 of the Penal Code, reads as follows:
'He who intentionally defames someone's honor or good name, by counting a certain fact, with the apparent purpose of publicizing it, shall be punished, as guilty of defamation, by imprisonment not exceeding six months or a fine of the third category.
If this is done by means of writings or images, distributed, openly exhibited or displayed, or by writings whose contents are openly heard, the offender, as guilty of libel, shall be punished by imprisonment for not more than one year or a fine of the third category.
Neither libel nor defamation exists insofar as the offender acted to necessary defense, or was able to assume in good faith that the charge was true and that the public interest demanded the charge.
What penalties can be imposed for defamation?
It is up to the judge to judge whether a criminal offense has been committed. If this is found to be the case, the judge will consider all the circumstances of the case in determining what punishment is appropriate and necessary. A defendant's personal circumstances are also important. The attorneys at Kötter, L'Homme & Plasman Lawyers ensure that these circumstances are properly presented to the judge. The maximum prison sentence that can be imposed for defamation is one year. However, the maximum prison sentence is by no means always imposed.
A lawyer from Kötter, L'Homme & Plasman Attorneys at Law can play an important role in a case of suspected defamation. For example, one of our lawyers can point out to the judge that there is too little evidence. In that case, acquittal should follow. Sometimes it happens that a suspect has confessed to a criminal offense. In that case, a lawyer from Kötter, L'Homme & Plasman Advocaten can provide circumstances why a low(er) sentence should follow.
Is attempted libel punishable?
Attempting this crime is not punishable.
Exoneration for libel?
With regularity, suspects are acquitted of this crime. An example is shown below.
The Amsterdam Court of Appeal has upheld the trial court's acquittal in a case involving a suspect accused of libel. The defendant had made a defamatory statement in a radio interview about an incident in which a mayor was locked in his room by certain individuals. Although the utterance was considered defamatory, the court ruled that the utterance fell within the limits of Article 10 ECHR, which protects freedom of expression. The defendant had made the utterance in the context of a public debate about aggression against public officials, and the information appeared to be true at the time.
Need a lawyer for libel ?
The attorneys at Kötter, L'Homme & Plasman Advocaten are experienced criminal law specialists and can assist you the moment you are suspected of defamation. Our lawyers will discuss the criminal case with you and together with you determine a strategy that can achieve the success you desire. However, it is good for you to know that our attorneys do not bake sweet cakes; we give sound, honest and sincere advice. Should you have to appear in court, they will carefully prepare you for the hearing. The attorneys at Kötter, L'Homme & Plasman Advocaten will ensure that you are represented in the best possible way during the hearing.
If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us at our emergency phone number 06-24428734.
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