With the rise of social media and messaging apps, a common legal problem is also on the rise: online offenses that can constitute crimes against honor. Malicious comments, baseless accusations, and personal attacks, even if done quickly and impulsively, can lead to serious legal consequences.
In this article, we’ll explain clearly and objectively the three crimes against honor outlined in the Penal Code—libel, defamation, and slander—as well as legal exceptions and how these offenses are handled in the digital environment.
What are Crimes Against Honor?
Crimes against honor are acts defined by the Penal Code that aim to protect a person’s dignity, image, and reputation. They are divided into three main categories: libel, defamation, and slander.
While libel and defamation protect a person’s objective honor (how society views an individual), slander protects their subjective honor (the victim’s own perception of their dignity and decency).
Libel
The crime of libel consists of falsely accusing someone of a crime. For this offense to be configured, the following are required:
- Accusation of a Criminal Act: The accusation must be about a specific, criminal act. It’s not enough to say “so-and-so is a criminal”; a specific conduct must be described.
- Falsity of the Accusation: The attributed fact must be false, and the offender must be aware of its falsity.
- Animus caluniandi: The intent to libel, which means harming the victim by falsely accusing them of a non-existent crime or a crime they did not commit.
It’s important to note that both the person who creates the false accusation and the one who spreads or shares it can be held responsible.
Defamation
For defamation, someone must attribute an offensive fact to another person that harms their reputation, even if the fact is true.
The main differences from libel are:
- In defamation, the fact does not have to be criminal or false, only dishonorable or capable of harming the victim’s reputation.
- The offense must come to the attention of third parties. If only the victim is aware of the accusation, it is not defamation.
A practical example: saying that someone was fired for misconduct (even if it’s true) can be considered defamation if there is intent to harm that person’s honor.
Slander
Finally, slander occurs when there is an offense to a person’s dignity or decency, hurting their subjective honor (the self-esteem of the offended person).
Characteristics of slander:
- It does not require an accusation of a specific fact, only that offensive words or gestures are used.
- The offense only needs to be known by the victim or any other person.
- Example: calling someone a “thief” in a group chat could be considered slander.
Truth Exception
In some cases, the law allows a “truth exception,” which is the possibility of proving the imputed fact was true to remove the criminal nature of the act.
- In libel: The truth exception is generally allowed unless the offended person was not convicted by an unappealable judgment in a private criminal action; the imputed crime involves the President of the Republic or a foreign head of government; or the offended person was acquitted by an unappealable judgment in a public criminal action.
- In defamation: The truth exception is only applicable when the victim is a public official, and the offense is related to their official duties.
- In slander: The truth exception is not allowed.
The Penal Code also provides situations where an offensive statement is not punishable as defamation or slander, such as when offenses were made in a courtroom during a heated legal discussion by a party or lawyer; they are literary, artistic, or scientific criticisms without the clear intent to offend; or unfavorable opinions were given by a public official in the course of their duties.
Crimes Against Honor Online
The digital environment increases the effects of these offenses, raising the reach and severity of crimes against honor. The Penal Code provides for increased penalties in these cases:
- Offenses in WhatsApp groups or private messages: When the accusation reaches multiple people, the penalty is increased as specified in Article 141, III, of the Penal Code.
- Offenses on public social media (Facebook, Instagram, Twitter/X, TikTok, YouTube): The penalty can be tripled due to the wide reach and the potential for greater harm to the victim’s reputation.
Conclusion: Digital Responsibility
In our hyper-connected society, the line between private and public life has become blurred. A social media post, a comment in a messaging group, or even a misunderstood “joke” can constitute a crime against honor and lead to serious consequences, from a lawsuit to a criminal conviction.
Whether you are the one who offends or the one who is offended, understanding how these crimes work is essential to avoiding serious legal consequences. Correct information and careful use of words in the digital environment are the most effective ways to not only preserve your own image but also to prevent and stop trivial situations from turning into lawsuits.
