Lawyers specialized in defamation law.‍

With extensive experience in criminal law and communications law, INFLUXIO is a law firm specialized in defamation. Whether you are a victim or accused of defamation, we are committed to providing you with comprehensive legal support.

We work in a variety of areas, including public defamation, press defamation, social media defamation, and discriminatory defamation. Our aim is to protect your reputation and your rights as effectively as possible.

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What is defamation?

Defamation, in criminal law, is defined as the allegation or imputation of an act that infringes the honor or consideration of a person. In France, defamation is an offence punishable by law, and lawyers specializing in this field play a crucial role in defending victims. Defamatory comments can be public or private, and their defamatory nature is often assessed by a judge based on various criteria.

The offence of defamation is provided for in Article 29 paragraph 1 of the Law of 29 July 1881.
“Any allegation or imputation of an act that infringes the honor or consideration of the person or body to which the act is imputed is defamation. The publication directly or by means of reproduction of this allegation is punishable, even if it is made in doubtful form or if it is directed at a person or body not expressly named, but whose identification is made possible by the terms of the speeches, cries, threats, writings or prints, or posters in question.”

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What are the different types of defamation?
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Public defamation

Public defamation occurs when defamatory remarks are made in a setting that is accessible to the public, such as the media, public meetings, or on the Internet. It is punished more severely because of its broad impact on the honor and consideration of the victim. The maximum penalty is a fine of 12,000 euros.

Defamation in the media

Defamation by the press concerns statements made in newspapers, magazines or any other printed media. This type of defamation is governed by specific rules of press law and often involves complex procedures where the experience of a lawyer is essential.

Defamation on social networks

With the rise of social networks, defamation on these platforms has become common. Defamatory remarks can quickly spread and cause significant harm. Jurisprudence is constantly evolving to adapt to these new realities, and lawyers need to be up to date on the latest decisions to effectively defend their clients.

Non-public defamation

Non-public defamation, or private defamation, refers to comments made in a private setting or in a restricted circle, such as in emails or private conversations. Although less serious than public defamation, it can nevertheless cause significant harm to the victim and constitutes a limitation on freedom of expression, justifying the award of damages.

Discriminatory defamation

Discriminatory defamation adds an additional dimension of seriousness when defamatory remarks are directed at people because of their origin or belonging. This type of defamation is severely punished by French law because it is considered an aggravating circumstance, up to one year in prison and a fine of 45,000 euros.

Responding to defamation: the essential steps
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Identify and gather evidence

The first step in responding effectively to defamation is to identify and gather evidence of defamatory statements. This evidence may include screenshots, audio or video recordings, testimonies, or other relevant content. Gathering evidence is crucial for establishing the truth of the facts in court and for your lawyer to be able to prepare a solid defense. The intervention of a commissioner of justice to see this evidence is sometimes necessary before a procedure.

Steps to take immediately

It is essential to react quickly when one is a victim of defamation. The first steps include submitting a complaint, either to the police station or directly to the public prosecutor. In some cases, a letter of formal notice may be sent to the author of the remarks asking them to stop the defamatory acts and to remove the offending content.

Available legal remedies

Defamation victims have several legal remedies. They can file a criminal complaint, a procedure that involves an investigation by relevant authorities and, possibly, a trial in court. In addition, it is possible to seek damages in compensation for the harm suffered by becoming a civil party.

The summary proceedings for defamation

In case of an emergency, the interim injunction procedure allows a judge to take interim measures to quickly put an end to defamatory remarks. This procedure is particularly useful for obtaining the immediate removal of defamatory content on the Internet or in the media. The action for summary proceedings is based on Article 809 of the Code of Civil Procedure, which states that:

”The President may always, even in the presence of a serious dispute, prescribe in summary proceedings the precautionary or remedial measures that are necessary, either to prevent imminent damage or to put an end to a clearly unlawful disturbance. In cases where the existence of the obligation is not seriously questionable, he may grant a provision to the creditor, or order the performance of the obligation even if it is an obligation to do so.”

Frequently asked questions

Our defamation law firm plays an essential role in the protection and/or defense of your rights.

Can you be a victim of defamation within your company?

Yes, it is entirely possible to be a victim of defamation within your company. Defamatory comments made by colleagues or supervisors can damage your professional and personal reputation. Our specialized lawyers can help you assess the facts, gather evidence, and take legal action if necessary.

What are the deadlines for filing a defamation action?

In France, the limitation period is generally three months from the day the defamatory remarks were made or published. However, this time frame may vary depending on the specific circumstances of the case. Therefore, it is crucial to consult a lawyer quickly.

How can I prove that I have been defamed?

To prove that you have been defamed, it is essential to provide concrete evidence of the defamatory remarks. This evidence may include screenshots of Internet publications, recordings, testimonies, or anything else that demonstrates the existence of defamatory statements. An experienced lawyer will help you build a solid case to defend your rights.

What is the role of a defamation lawyer?

A defamation lawyer plays a critical role in protecting the reputation of individuals and businesses. They advice and represent their clients in cases where defamatory remarks have been made, whether to prosecute or to defend against accusations.
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