A form of publication which tends to cause one to lose the esteem of the community is defamation. This is injury to reputation. A person can be held liable for the defamation of another. In order to prove defamation, the plaintiff must prove:
- that a statement was made about the plaintiff's reputation, honesty or integrity that is not true;
- publication to a third party (i.e., another person hears or reads the statement); and
- the plaintiff suffers damages as a result of the statement.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. If one spreads a rumor that his neighbor has been in jail and this is not true, the person making such false statements could be held liable for slander.
Defamation which occurs by written statements is known as libel. Libel also may result from a picture or visual representation. Truth is an absolute defense to slander or libel.
Some statements, while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander. The best example is statements made in a court of law. An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned. However, if the statement is untrue, the person making it may be liable for criminal perjury.
If a communication is made in good faith on a subject in which the party communicating it has a legitimate right or interest in communicating it, this communication may be exempt from slander liability due to a qualified privileged.
The following form letter demands that someone cease making libelous or slanderous statements, or appropriate legal action will be taken.
Defamation Of Character Law In Netherlands In Wake
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Wake
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FAQ
The Dutch Criminal Law seeks to protect the moral integrity of a person by forbidding slander and defamation (Articles 261 and 262 of the Dutch Criminal Code). Both slander and defamation consist of an intention to impugn the honor or reputation of another person by accusing a person of a fact in the public eye.
You have the option of taking the dispute to court. The court then issues a binding ruling which you and the other party must comply with. Proceedings will be instigated in the first instance before the sub-district court or the civil court. Which court you go to depends on the kind of case or the value of the case.
The law prohibits direct discrimination, indirect discrimination, harassment (including sexual harassment) and victimisation.
Truth, or substantial truth, is a complete defense to a claim of defamation.
No. In defamation cases, truth of the allegedly defamatory statement is always an absolute defense.
Freedom of expression in the Dutch Constitution can only be limited by a formal law or regulation. In the context of heckling, relevant limitations in the Dutch Criminal Code are defamation, slander, and insult; lèse-majesté; and the prohibition against incitement to religious hatred and discrimination (“hate speech”).
In the Netherlands it is prohibited to lock up burglars in the toilet. That is seen as deprivation of freedom and it's a violation of the law.
Not generally. So long as the statement is about a matter of public interest and is made in a way such that it cannot be proved true or false, the statement is protected from defamation actions.
Is truth a defense to defamation claims? Yes. Truth is an absolute defense to a defamation claim. But keep in mind that the truth may be difficult and expensive to prove.
More info
Illegal act: libel and slander. Libel and slander are concepts derived from the (Dutch) criminal code.Libel and slander in the Netherlands, how does it work? Thomas van Vugt, specialized in libel law, explains how to deal with defamation. As a general rule, defamation constitutes a criminal act under Title XVI (Defamation) Articles 261 upto 271 of the Dutch Penal Code. It's Not Personal, Just Politics: Understanding the Role of Defamation Law in Political Campaigns. Defamation is generally broken down into two categories: libel and slander. Johnny Depp's attorneys maneuvered his defamation case to Virginia state court in order to take advantage of Virginia's relatively weak antiSLAPP legislation. Criminal defamation law in The Netherlands applies in respect of three types of offensive statements: insult, slander and malicious defamation.
