In the world of law, there are many reasons why a person can file a lawsuit or a complaint. Each of these, regardless of whether it covers all branches of law (labor, family, criminal, tax, etc.), the process must be handled by a specialized lawyer who channels the process so that everything is complied with according to the country’s legal regulations. in question and also, so that the results of the case are satisfactory. In this post, we will address the topic of a defamation lawsuit and a libel claim, explaining the common uses of this legal terminology, which are often confused by most people.
We understand that defamation between natural persons can result in a criminal case handled by a qualified criminal lawyer who provides the best legal guidance to you as a client, so that the entire process is carried out in the best way and in a prudent time. The complaint for libel, known as a lawsuit for defamation, is a judicial request that, like many others, is dealt with by the Colombian Procedural and Substantial Law.
Currently, there are many ways to defame or make insulting statements and in this publication we will present the most common cases so that you have a clear idea of what to do if you are faced with a similar situation. The first thing to keep in mind, whatever the problem, is to seek the help of a criminal lawyer to help you resolve the situation promptly and take appropriate action when you file a claim for libel or defamation.
Woman with Evidence to Sue for Defamation When we talk about a lawsuit for defamation, in most cases we are facing a matter of unfair competition between participants in the same market. This is how Law 256 of 1996, in its article 12, defines this act of irregular competition in the following way: “the use or dissemination of incorrect or false indications or assertions, the omission of the true ones and any other type of of practice that has the purpose or effect of discrediting the activity, benefits, establishment or commercial relations of a third party, unless they are exact, true and pertinent”.
It can be understood that, in a business or commercial environment, defamation is equated to the discredit mentioned by Law 256 of 1996, to the extent that the competitor of any means of communication makes assertions, qualifications or presents facts that disqualify its competition that defames to your competitor.
What is defamation? In less technical words, defamation is an act where a person, in order to harm another, makes a false accusation that affects the integrity of the other or publicly disqualifies him. The act, as it consists of a false advertisement, always causes damage to the victim and involves him in a negative environment, due to the damage to moral integrity caused by the perpetrator. Frequently, the defamed person is taken by surprise by the situation and decides to find a criminal lawyer to help them deny all the bad faith announcements that the other person has made. It is then when a complaint for libel or a lawsuit for defamation must be made, and together with our criminal lawyers seek a solution to the case.
The words that most correspond to defamation are offense, disqualification, disrespect, insult and lie. In the legal area, the words that are most closely related to the term defame are insult and slander; the terms are essentially two forms of slander.
With respect to slander, article 221 of the Colombian Penal Code states that “Anyone who falsely accuses another of typical behavior will incur a prison term of one (1) to four (4) years and a fine of 10) to a thousand (1,000) legal monthly and current minimum wages”. This standard, when referring to “typical conduct” means, all that conduct that is classified as a crime before the law; while slander is about falsely attributing the commission of a crime to another, libel is simply the dishonorable imputation of another.
The Constitution of Colombia, in its article 15, talks about the right to privacy and a good name “All people have the right to their personal and family privacy and to their name, and the State must respect them and make them respected. In the same way, They have the right to know, update and rectify the information that has been collected about them in data banks and in the files of public and private entities”.
In this regard, it is important to note that when you are defamed, you must file a complaint for libel or a defamation lawsuit because the State, through its laws, protects your right to privacy and the respect you deserve as a person.
Most Common Defamation Cases
Oral or Verbal This type of ephemeral defamation is called tort and consists of a harmful statement in spoken form, from one person to another. In this case, it is important that you have witnesses to prove in front of a judge that you have been defamed.
Written Defamation that is done in writing is called libel and is a lasting act that affects the victimizer more. The ways in which this defamation is presented can be through writings, pictures or signs.
Through Social Networks or the Internet The rage of social networks is not only used for personal or entertainment publications; currently there are cases of defamation through the public exposure of photographs, videos, audios or documents that are not authorized by their author. Frequently, in the defamatory act, the perpetrator does not measure the consequences of the action because his only purpose is to harm the victim.
It is a fact that freedom of expression exists and people can publish what they want, but the problem appears when they want to harm the integrity of a third party. In this case, it is feasible to file a lawsuit for defamation or injury and deny, together with a criminal lawyer, that act that is characterized by insulting or hurting a person.
Each of the above cases causes psychological, reputational and even economic damage to the victim and when the claim for defamation or injury is made, the judge can grant a sanction to the perpetrator.