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The Criminal Defamation laws as common tool to ‘silent’ expression.
(2) In the status of being an official in the exercise of his functions;
(3) By way of fair comment on any person or thing subjected to public criticism; or
(4) By way of fair report of the open proceeding of any Court or meeting,
Civil defamation : sue and claim damages on your own.
The Civil and Commercial Code in ‘wrongful acts’ chapter imposes regarding defamation as follows;
“Section 423 A person who, contrary to the truth, asserts or circulates as a fact that which injurious to the reputation or the credit of another or his earnings or prosperity in any other manner, shall compensate the other for any damage arising therefrom, even if he does not know of its untruth, provided he ought to know it.”
Apart from criminal offense, defamation can be charged under Civil law as well. Expression that is injurious to others reputation can be considered as ‘a wrongful act’ of another person. Any one who defames another person can also be sued in a civil case. The process of civil case is that when the court found guilty, the offender is bound to make a compensation mostly with money.
The elements of civil defamations differ from the criminal one because only speaking, contrary to the truth, will be charged under civil defamation. It is not any guilt if speaking the truth. As for the principle of civil law, comments or expression of opinion on something that is not true without knowing and involved in that matter, there is no liability.
Contrary to criminal proceedings, civil cases have no police officers, state prosecutors or any state proceeding. If the injured person wishes for compensation, they have to file lawsuit on their own or get private lawyer to do it on behalf. The injured person needs to pay court fees. In civil proceedings, defendants will not be detained, or be sent to prison, which is basic freedom’s restriction.