Defamation and defamation are legal terms that refer to spreading harmful or false information about someone. Although they are often used interchangeably, there is an important difference between the two.
Defamation involves publicly making unsubstantiated accusations or negative comments about someone, which may be true but which damage the person's reputation. It involves spreading information that one knows could harm the person, even if the content is factually true.
Slander on the other hand, specifically refers to spreading false information about someone with the intention of damaging their reputation. Here, the information is untrue and intended to put the person in a bad light.
An example of the difference between libel and slander for clarification. Suppose someone publicly claims that a colleague committed fraud, without any basis or evidence, and this claim is not true. This falls under defamation. However, if the same person expresses a negative opinion about a colleague's work, which may be true, but does so in a way that is clearly intended to harm, this can be considered libel. Libel and slander is different from insult.
What is libel?
Defamation in a legal sense, involves tarnishing a person's honor or good name by accusing that person of a particular fact. Defamation is a (more severe) form of insult. In principle, defamation is punishable by up to six months' imprisonment or a third-category fine (€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 is slander?
There is defamation when the perpetrator of defamation (as mentioned above) knows that what he is accusing someone of is not the truth. In principle, defamation is punishable by up to two years in prison or a fourth-category fine (€25,750).
An example of defamation is the following situation. In a television interview, a journalist claimed without proof that a well-known entrepreneur was involved in a large-scale tax fraud. He accused the entrepreneur of embezzling millions of euros and hiding it for years with the help of corrupt officials. These accusations were made without any factual substantiation, while the journalist knew that the facts were probably incorrect. The entrepreneur, whose reputation was severely damaged, filed a complaint. The journalist was charged with defamation for intentionally spreading false information for the purpose of damaging the entrepreneur's honor and reputation.
What penalties are imposed for libel and slander?
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.
The maximum prison sentence that can be imposed for defamation is imprisonment for not more than two years.
However, the maximum prison sentence is by no means always imposed.
Need an attorney for libel and slander?
The attorneys at Kötter, L'Homme & Plasman Advocaten are experienced criminal law specialists and can assist you at the moment you are suspected of libel and/or slander. 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.
Read more here libel and defamation.
