« Reply #1 on: March 30, 2023, 01:32:16 AM »
Defamation: On Libel and Slander
By Mlle. Éléonore Ambroiseux
The two most interpreted and misunderstood offenses in Dementlieu are in regards to defamation: slander and libel. Defamation can be defined colloquially as destructive statements and actions perpetuated by one person or a group to harm the honor or reputation of an individual or institution’s honor and reputation. In the case of slander, one must have intentionally spoken an untrue statement or made falsified claims, either in public or in private, done in a manner that harms another individual’s reputation. In the case of libel, it refers to any written content that is defamatory in nature and proven to be false. There exists two forms of defamation that can be addressed in the republic: criminal and civil.
In the Serene Republic, the burden of proof for slander and libel are quite high, requiring proof that an individual both knowingly and intentionally said false words to harm someone’s reputation, as well as proof that someone’s reputation and honor has been damaged. Contrary to popular opinion, libel and slander does not require any monetary loss to be proven, though it is one of the most common factors in determining it. While officially recognized as a crime in the republic, it can also be pursued between individuals on a civil level. Investigation for defamation can also take place through summoning witnesses, who are procured to testify that an individual’s honor and/or reputation have been harmed in their perception. In such cases, this typically is someone of social and political standing, such as a titled member of the peerage, or multiple witnesses of reputable birth who corroborate that the offended party’s honor was sullied.
In criminal proceedings, slander and libel are punished by the state. The Gendarmerie Nationale de Dementlieu are the ones who handle the investigation for such, then it is their duty to write a case summary. As it is not a high crime, libel and slander typically do not typically go to court in criminal proceedings. Instead, the case would likely go before a magistrate who will either approve or deny the Gendarmerie Nationale’s charges. The punishment typically for such things is a substantial fine to the offending party, however, in egregious cases it can range to imprisonment, and, in rare historical cases, death. In these severe cases, the matter would be elevated to the Cour de Justice.
In civil proceedings, charges of slander and libel are pursued by the offended party, the plaintiff, versus the perceived offender, the defendant. This can commonly be done in concurrence of a civil suit, though it is not always necessary. Civil proceedings most often occur in cases where monetary loss is involved from defamatory remarks. In the case of a civil suit, defamation is proven to a magistrate, who ultimately decides if the standard of proof is met for defamation, and the defendant is ordered to pay monetary amount of compensation, to rescind the defamatory statement, and in some cases, required to give public apology.
Here is a theoretical example of proceedings against defamation, (note all names and individuals are purely fictitious and any similarity is purely coincidence): a common man named Jean-Paul Regnault spreads a false rumor that a notable Baron has engaged in extramarital relations. Either the Baron reports the matter to the Gendarmerie Nationale de Dementlieu, or the case is picked up in another fashion. M. Regnault has told commoners and members of the gentry alike the story of his infidelity. Because the rumor can be verified to be false, charges can still be pressed against M. Regnault. Though there is no direct financial loss to the Baron, both his honor and reputation might have been damaged as a result of the slanderous statement. If multiple common men and women, members of the gentry, or if someone of standing such as a Vicomte, stepped forward, or is summoned by the Gendarmerie, and testifies that the Baron was shunned among his peers because of M. Regnault’s statement, then there would be sufficient evidence of damage to the Baron’s honor and reputation. The case is then placed before a magistrate with charges recommended by the Gendarmerie Nationale, and ultimately decided by the prononceur. A common fine for a case like this might be upwards from ten thousand solars to a hundred thousand solars. Likewise, a civil case may be pushed in tangent by the Baron against M. Regnault. The state can share pertinent details around the criminal investigation with the magistrate. As the burden of proof has been met in the criminal proceeding, monetary recompense for damages can be accrued by directly the Baron from M. Regnault.
Though the above case is textbook in its outline, proceedings are often far more complicated. If multiple witnesses come forward with different feelings on whether harm was done to one’s honor or reputation, the burden of proof is significantly more obfuscated. In cases such as these, it is far more common for members of the peerage to be the guiding testimony since their noble word is inherently more valuable than those of lower birth in the eyes of the republic.
« Last Edit: March 30, 2023, 01:34:58 AM by and a dark wind blows »
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Éléonore de Ambroiseux-Tabouillot