Resolve Defamation Cases in Belgium
Resolve Defamation Cases in BelgiumUpdated on Sunday 06th November 2016
Rate this article
based on 1 reviews
based on 1 reviews
Defamation cases in Belgium can be resolved through several legal methods, in accordance with the category in which the respective situation is included. Defamation refers to any type of false statement which is performed by a person with the intent of creating a bad reputation for another person or a legal entity. Defamation cases are also categorized in accordance to the means through which they are inferred on a public- they can be either written or spoken. In the situation in which a person is involved in a defamation case in Belgium, our Belgian law firm can offer legal assistance on the local legislation and legal representation in front of a local court.
Defamation in Belgium
It is important to know that defamation cases in Belgium are punishable by imprisonment or by imposing a high fine, as defamation is seen as a criminal offence.
As mentioned above, there are two types of defamation in Belgium, which are prescribed by the Belgian Criminal Code. The first type is the slander, which is an oral accusation that is unproven and presented to a certain public. Persons who have committed slander in Belgium can be imprisoned up to one year (and minimum 8 days).
A written false accusation in which a person’s reputation is being dishonoured is considered a libel. This type of defamation is generally carried out in the journalism industry and it is important to know that the main responsible person for a false accusation that was written and presented to a large public is the journalist, as prescribed by the Belgian Civil Code.
However, if the identity of the respective journalist is not public, the responsible entity will become the publishing house or the distributor of the respective material. Our lawyers in Belgium can provide more details on this matter.
Online defamation in Belgium
The online environment is less regulated by rules of law, as the sector is a very young industry. However, more and more countries are enacting regulations which offer a more regulated framework for natural persons and legal entities operating in this environment. It is important to know that the Belgian authorities provide regulations for defamation cases which are encountered in the online environment. For example, defamations sent by e-mail are regulated by the Article 444 of the Belgian Criminal Code.
The legislation is applicable to all the persons living in Belgium, including for those who are applying for citizenship in this country.
Those who want to resolve a defamation case in Belgium are invited to contact our Belgian lawyers for legal representation.