Criminal liability for slander and insult

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Criminal liability for defamation and insult is an important topic for understanding the legal consequences that may arise from spreading false information or humiliating another person's honor and dignity. These issues are particularly relevant in modern society, where communication is becoming more open through social networks and the internet.

What are defamation and insult?

Before discussing the issues of criminal liability for defamation and insult, it is important to understand what these terms mean.

Defamation is a form of moral and psychological violence. According to the Constitution of Ukraine, every person has the right to judicial protection aimed at refuting false information about themselves and their family members.

An insult involves the deliberate humiliation of a person’s honor and dignity in an indecent manner.

Legal framework

In 1960, the article on defamation (Article 125) was first introduced. With the adoption of the new Criminal Code of Ukraine in 2001, the legislature abandoned the criminalization of insult and defamation. Over time, bills aimed at returning criminal liability for these actions were periodically introduced.

• Ukrainian legislation clearly defines criminal liability for defamation and insult. According to Article 151 of the Criminal Code of Ukraine, defamation is considered a criminal offense and is punishable by a fine or restriction of freedom for up to two years.
• Insult, according to Article 300 of the Criminal Code of Ukraine, may result in a fine or community service.

The next stage of the issue was addressed in January 2014 (the so-called "dictatorship laws" of V. Yanukovych). At that time, the Verkhovna Rada of Ukraine was accused of being undemocratic and passing laws that were not only inconsistent with the Constitution but also with international law. Article 151-1 of the Criminal Code of Ukraine was then proposed. Defamation was defined as the intentional dissemination of knowingly false information aimed at defaming another person’s dignity and honor.

Such actions were punishable by fines of up to 50 NMDG, community service for up to 200 hours, or correctional labor for up to one year.

Important: As of today, there is no administrative or criminal liability for defamation. The only option is to legally compel someone to refute false information, i.e., defamation, and to claim moral damages caused by such actions. Our professional lawyers can help you with this.

Criminal liability for defamation

Defamation is a serious offense that can lead to significant legal consequences. For defamation to be qualified as a criminal offense, the information must be knowingly false and defamatory to another person's honor and dignity. It is important to note that defamation can be spread verbally or in writing, including electronic messages and social media posts.

Punishment for defamation includes a fine of up to 500 non-taxable minimum incomes or restriction of freedom for up to two years. In cases where defamation was spread through the media or online, the punishment may be more severe.

Criminal liability for insult

Although insult is a less serious offense than defamation, it also falls under criminal liability. Insult is considered the deliberate humiliation of a person's honor and dignity in an indecent manner. It can be expressed verbally, in writing, or even through gestures or other actions.

Under Ukrainian law, insult is punishable by a fine of up to 200 non-taxable minimum incomes or community service for up to 240 hours. If the insult was made in the presence of others or was publicized through the media, the liability may be more severe.

How to protect your rights in cases of defamation or insult?

If you have become a victim of defamation or insult, the first thing you need to do is collect evidence. This can include screenshots of messages, recordings of conversations, witness statements, etc. After that, it is advisable to contact a lawyer for consultation and to prepare a statement for law enforcement authorities.

To bring the offender to justice, it is necessary to prove the presence of malicious intent and the deliberate falsity of the disseminated information (for defamation) or the offensive nature of the statements (for insult). It is also worth remembering that defamation and insult can be grounds for filing a civil lawsuit to claim moral damages.

How Can a Lawyer Help You?

The specialists at Prykhodko & Partners can prepare a lawsuit under which the person will be held accountable for spreading false information. The damage caused by defamation and insult can affect both individuals and legal entities.

In addition, a police report

can be filed to bring the offender to justice under Article 173-1 of the Code of Ukraine.

As for compensation for moral damage, it is awarded exclusively in court. The amount is determined individually in each case.

Criminal liability for defamation and insult is an important mechanism for protecting human rights and dignity in Ukraine. Knowing your rights and protection options will help you effectively resist wrongful actions by others. If you have become a victim of defamation or insult, do not hesitate to seek legal assistance to restore justice and protect your reputation.

Our lawyers will help you if:

• You need to prepare and file a lawsuit for defamation or insult.
• False information has been spread about you.
• Your previous claim for moral damages was rejected.

Reputation protection is a complex and responsible process that requires deep legal knowledge and experience. The law firm "Prykhodko and Partners" has many years of experience in handling such cases and is ready to provide you with qualified assistance. We offer a detailed case review.

Do not let false accusations and insults damage your reputation and business. Let’s restore justice together.

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