{"id":4351,"date":"2020-04-02T10:23:21","date_gmt":"2020-04-02T08:23:21","guid":{"rendered":"http:\/\/braun-avocat.com\/diffamation-et-droit-de-la-presse\/"},"modified":"2023-12-14T17:58:34","modified_gmt":"2023-12-14T16:58:34","slug":"defamation-and-communication-law","status":"publish","type":"post","link":"https:\/\/braun-avocat.com\/en\/defamation-and-communication-law\/","title":{"rendered":"Defamation and press law"},"content":{"rendered":"

The firm of Ma\u00eetre BRAUN<\/a> is commonly involved in press law<\/strong>. The latter can be defined restrictively as the regime resulting from the Law of July 29, 1881 on the Press, or more broadly as all the rules governing communication and publications<\/strong>.<\/span><\/p>\n

Defamation<\/b><\/h2>\n

The offense of defamation<\/strong> is defined by article 29 of the Law of July 29, 1881 as \u00ab <\/strong><\/span>any allegation or imputation of a fact which is prejudicial to the honor or consideration of the person or body to which the fact is imputed<\/i><\/strong>\u00bb<\/strong>.<\/span><\/p>\n

Public defamation<\/strong> is an offense when the defamatory remarks are made to several persons<\/strong> not linked by a community of interest. On the other hand, non-public defamation<\/strong> is a simple contravention, constituted when the defamatory remarks are made to a single person<\/strong>, or to several persons linked by a community of interest.<\/span><\/p>\n

Defamation on the Internet<\/strong> is essentially governed by the same principles<\/strong> as defamation by a traditional means of communication<\/strong>. For example, an open-access website is public, while an email addressed to a single person is private.<\/span><\/p>\n

Defamation can be media-related<\/strong>,but can also take place at work<\/strong>, in a company<\/strong>, etc…<\/span><\/p>\n

Bringing an action for defamation, or defending against it <\/b><\/h2>\n

The victim wishing to file a complaint for defamation<\/a> is subject to the very technical rules of press law<\/strong> (shortened statute of limitations, obligation to precisely articulate the complaint, absence of subsequent recharacterization of the facts, need for election of domicile, etc.). It is therefore essential to seek the advice of a lawyer qualified in the field.<\/strong>.<\/span><\/p>\n

The means of defense<\/strong> are also specialized: search for procedural nullities, exception of truth (or <\/span>exceptio veritatis<\/span><\/i>), which supposes an offer of proof in due form, good faith (which, in press law, meets specific criteria.)<\/span><\/p>\n

Defamation and slander<\/b><\/h2>\n

Defamation <\/strong>and slander <\/strong> are distinct offenses.<\/span><\/p>\n

Slanderous denunciation<\/strong> is provided for and punished by article 226-10 of the Penal Code. This incrimination punishes the fact of :<\/span><\/p>\n