Difference between libel and slander and lawsuit and complaint

It is not uncommon to hear the legal terms libel and slander on many television programmes. However, it is not common for the difference between the two to be explained, which is why many people tend to confuse them. Here we will explain exactly what the difference between libel and slander is.

Basic precepts and fundamentals of crimes against honour

Before delving into the difference between slander and libel, it must be said that both are considered crimes against honour. Therefore, first of all, we must refer to Article 18.1 of the Spanish Constitution, which is responsible for guaranteeing the right to honour, family and personal privacy and the self-image of any subject.

Obviously, this right to honour has a special relationship with the freedoms of expression and information. In fact, when it is violated, it is usually in the exercise of either of these two freedoms. This means that the Spanish Constitution, in Article 24.4, establishes the limits of both in the aforementioned Article 18.1. In other words, freedom of expression and information ends when the right to honour, to one's own image and to family and personal privacy begins.

It seems evident that the Spanish Constitution is very sparing when it comes to establishing the definition of the right to honour and the limits of the freedoms of expression and information. For this reason, crimes against it are typified and defined in a better way in Organic Law 10/1995, of 23 November, of the Criminal Code. Specifically, they are represented in Chapter II of Title XI of Book II and, specifically, in Articles 205 and 208.

Article 205 of the Criminal Code: libel

Let us begin by defining the crime of slander. Specifically, the Penal Code defines it as the imputation of a crime made against a subject knowing it to be false or committing reckless disregard for the truth.

To punish this offence, the Penal Code establishes the following penalties:

Fine of 6 to 12 months or imprisonment of 6 to 24 months.
In the event that there is publicity of the offence through any media (social networks, press, etc.), the prison sentence would remain the same, but the fine would be increased to between 1 and 2 years.
However, if the person accused of slander can prove that the accused person has committed the offence in question, he/she will be exonerated from any criminal liability.

Article 208 of the Penal Code: insult

This is defined as any action or expression that injures the dignity, reputation or self-esteem of a subject. The complexity of this offence against honour is based on the fact that it can take a wide variety of forms. In fact, to cite an example of insult, we could say that expressions such as 'son of a bitch' can be considered as such, but also any value judgement.

It should also be noted that the Penal Code only considers these actions as a crime when they can be classified as serious. But how can this be determined? In such cases, the intention of the person uttering the words should be taken into account, as well as the context and the time in which they are uttered.

The penalties established for this offence are:

A fine of between 3 and 6 months.
If the insult is made with publicity, the fine would be from 6 to 14 months.
If it is carried out in exchange for a reward, a period of disqualification from public office or the profession held of between 6 and 24 months should be added to the above fine.

On the other hand, if we were dealing with an example of slander against a public official in the exercise of his duties, the person who committed it would have no criminal liability whatsoever if he proves that what he said in his statements is true.

Similarity and difference between libel and slander

It is clear from the above that both offences have a number of elements in common. In fact, there are cases in which the two are treated in the same way. Let us look at them:

• Publicity: in both cases it is an aggravating factor that is considered to occur when the criminal expression is disseminated through television, the written press or radio, but also through social networks. This makes the medium that helps its propagation jointly and severally liable for the offence.
• Complaint: no one can be charged and punished for either of the two offences if the offended party does not file a complaint with the corresponding court, i.e. there is no ex officio action in this case.
• Rectification: In both cases, the person accused of having committed the offence can admit that he has made false statements or retract his statements. In this case, the lower penalty will automatically be imposed and, if the judge deems it appropriate, the effect of the disqualification will be removed.
• Forgiveness: if the plaintiff forgives the accused of his or her action, the criminal liability of the latter is extinguished unless the offence refers to an incapacitated person or a minor (Article 130.1 5 second paragraph of the Criminal Code).
• Reparation of the damage: the accused, once convicted, will not only have to pay the penalty imposed by the judge, but also disclose the conviction in the same way as he or she did with his or her criminal action.

Having said that, we can now focus definitively on the difference between slander and libel:

Slanderous action mandatorily refers to offensive objective acts whose purpose is to damage the fame, public image or self-esteem of another person. Moreover, in order to be considered as such, there must be a clear intention to cause such damage.
On the other hand, in order to be able to speak of slander, it is essential for a subject to attribute to another the commission of a specific offence, such as, for example, the falsification of a public document or theft. As in the previous case, there must be proof that the accuser does so in the knowledge that it is not true.

Difference between lawsuit and complaint

This is another question that raises doubts. In fact, the two terms are also often confused. In short, we can say that a lawsuit is an official act accusing a natural or legal person of having committed an action with civil, labour or administrative liability.

A complaint, like a denunciation, has the same purpose, but refers to offences defined in the Criminal Code.

What do I do if I have been libelled or slandered, and if I have been sued for an offence against honour?

In the first case, it is essential to file a criminal complaint against the person who has made the accusations or who has given testimony against you that damages your integrity. Bear in mind that these are private offences that cannot be prosecuted ex officio, however serious they may be.

However, if you are the one who receives the complaint and the court summons, our advice is to get into the hands of a specialised criminal lawyer as soon as possible. He or she will advise you and take care of your defence throughout the whole process.

In short, we hope that we have made clear the difference between libel and slander. As you will have been able to see, they are offences against honour that have certain similarities, but which should not be confused as they refer to different actions and have different punishments according to the Criminal Code.