Crimes against Honor
Wolfenson provides highly rigorous legal advice in cases of social defamation.
Today's world is connected in a virtual way, physical social relationships are increasingly scarce, and are supplemented by digital relationships that involve leisure, intimacy, work and much of people's lives.
It is in this way that the media and virtual communication channels, among which the so-called social networks stand out, have become a favorable space for social encounters, but also for interactions that seek purposes contrary to our legislation, such as personal defamation. . Among those hypotheses of public defamation, is the crime of libel and slander, which is related to attacks against the honor of the person, a fundamental right enshrined in article 19 number 4 of the Political Constitution of the Republic of Chile, either through insulting information of the victim as well as charges of crimes that do not follow the legal and institutional avenues of justice. Our firm provides legal advice and representation of the highest legal rigor in this regard, in order to meet the requirements of our clients in the presence of an activity of a defamatory nature.
Wolfenson provides excellent legal planning for acts of social defamation.
Here is a brief legal guide to provide you with guidance on defending against defamatory actions:
What is possible to do in the face of defamatory action? What are the defenses that Chilean law gives us before them?
The answer to this question can be classified into three different types of actions , each one located in a particular area of law:
The answer of the constitutional right, the protection resource:
For the purpose of removing the defamatory publication and the illegal content of, for example, a social network, it is necessary to file a remedy of protection before the respective Court of Appeals , arguing among other rights, violation of the right to honor of the person and his family enshrined in article 19 No. 4 of our Political Constitution . In this way, it is possible to give, within reasonable judicial terms, a prompt and timely response to defamatory action , reducing the damage to the honor and reputation that the offensive content may have created. It also allows in certain cases, to judicially order the public retraction of the offensive comment.
The response of criminal law, the action of insults and slander:
The act of defamation or commonly known in Chile as "funa" , constitutes a criminal offense , since that action is aimed at doing justice by its own hand (self-protection) , obviating the legitimate mechanisms of the rule of law to resolve disputes between people. It is for this reason that, the criminal law grants the action of insults and slander with the purpose of ordering the public apologies for the offensive publication, and at the same time make effective the application of proportional fines and the respective prison sanctions.
The answer of the civil law, the compensation of damages for non-contractual liability:
The damages arising from a malicious defamation can be considerable that merit compensation for damages . We can highlight internal and external damages . The inmates refer to psychological and emotional damages , derived from being socially excluded or discredited for false acts (or even and in some true cases, but that did not follow the legal channels of action). On the other hand, external damages refer to damages in the labor field, possible dismissals and exclusion in the world of work, among others. Given this, Chilean law responds with the possibility of filing a civil claim for non-contractual liability against the person liable, so that he economically repairs the plaintiff for his damages, be they moral, emerging and / or lost profits .
The precise thing in these cases is to act quickly and always have the legal advice of a qualified professional. Wolfenson Abogados advises and rigorously represents its clients, in the event of possible actions that compromise their honor and private life .
Links of interest on Crimes against the Honor of the Person and his Family :
1.- Penal Code
3.- BCN - Political Constitution of the Republic of Chile
Wolfenson Lawyers. Chile Law Firm.
If you need more information and legal advice regarding crimes against the honor of persons and the crime of libel and slander, we invite you to contact our lawyers in Santiago. We are located at Avenida El Golf 40, 12 Floor, in the commune of Las Condes, Santiago de Chile.