Defamation attorney
Your reputation is non-negotiable.
Are you the target of defamatory statements online or in the press? INFLUXIO, attorneys practising criminal press law in Paris and Brussels, intervenes urgently: content removal, anonymity lifting, civil party complaint, direct citation, defense of victims and accused.
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Practical examples
Blog conviction for defamation against a business executive
A blogger had published unfounded fraud accusations against a business leader. Action was taken within the 3-month limitation period, resulting in a defamation conviction, publication removal, and €15,000 in damages.
Emergency removal of high-engagement defamatory tweets
A former business partner was posting false accusations on X (Twitter) with thousands of shares. Removal was obtained through interim proceedings within 5 days and disclosure of relay account identities secured.
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Victim of defamation: what to do urgently?
A defamatory publication can destroy a reputation in a matter of hours. French law requires a swift reaction: the limitation period for defamation actions is just 3 months from first online publication (Article 65 of the Act of 29 July 1881). Beyond that, the action becomes inadmissible. Our firm answers the urgent questions raised by victims and triggers the appropriate procedures within 24 hours.
How to react in the first 24 hours?
The absolute priority is to preserve evidence before it disappears: timestamped screenshots, exact URLs, identification of the author (handle, profile, date and time). Securing evidence through a judicial officer's report (huissier / commissaire de justice) protects its evidentiary value. At the same time, do not respond publicly to the author, which can fuel litigation and trigger a counterclaim.
Immediately contact a lawyer to qualify the statements (defamation, insult, denigration) and choose the procedural path: LCEN/DSA notification to the platform, urgent proceedings before the president of the judicial tribunal, or criminal complaint with civil party constitution.
How to obtain urgent removal of defamatory content?
Three complementary levers are available. Notification to the platform under the LCEN (as amended by the SREN Act of 21 May 2024) and the DSA (EU Regulation 2022/2065, applicable since 17 February 2024) requires a diligent review by the host.
If the host fails to act, accelerated proceedings on the merits before the president of the judicial tribunal (Article 6-I 8° LCEN) yield a removal order under penalty. For manifestly unlawful content targeting a minor or with a discriminatory nature, the judge rules on a tightened timetable.
How to identify the author of anonymous defamation?
Anonymity is no absolute shield.
On the basis of Article 145 of the French Code of Civil Procedure, the judge may be petitioned either through adversarial interim proceedings or, more efficiently, by way of an ex parte request (non-adversarial procedure): anonymity lifting by ex parte request allows obtaining, without alerting the platform or the suspected author, an order compelling hosts (Google, Meta, X, TikTok) and ISPs to disclose connection data identifying the author.
Article 6.II of the LCEN provides a complementary basis. This procedure is critical, as data is retained for only one year. Once the author is identified, formal demand, civil party complaint and direct citation become possible.
What is the deadline to act in defamation?
The limitation period is very short: 3 months from first publication (Article 65 of the 1881 Act), extended to one year for discriminatory defamation (Article 65-3). For online content, the period runs from the date of upload, not from the victim's discovery (Cass. crim., 19 September 2006, No. 05-87.230). An identical republication does not trigger a new period.
This brevity requires immediate legal consultation.
What compensation can be expected?
Once the author is identified and evidence consolidated, two main routes allow to obtain conviction and damages, the choice depending on strategy and the case file.
Direct citation before the criminal court (criminal route, based on the Act of 29 July 1881) is preferred when the statements are clearly defamatory and the victim seeks a criminal conviction, forced publication of the judgment and full compensation: it requires strict formal rigour (precise qualification of the statements, compliance with the 3-month limitation).
Civil interim proceedings or proceedings on the merits (based on Article 1240 of the French Civil Code for denigration, or Article 9 of the Civil Code for invasion of privacy) are preferred when urgent removal prevails, when the facts amount to commercial denigration rather than defamation stricto sensu, or when the 3-month deadline has elapsed (the civil limitation being 5 years).
Civil party constitution before the senior investigating judge also remains available to trigger an investigation. Courts take into account the audience of the medium, virality, duration online, the victim's profile and the concrete consequences. The conviction may include forced publication of the judgment and definitive removal of the content.
What is defamation under criminal press law?
Defamation, under criminal law, is defined as the allegation or imputation of a fact that damages the honor or reputation of a person. In France, defamation is a criminal offense punishable by law, and attorneys specializing in this field play a crucial role in defending victims.
Defamatory statements can be public or private, and their defamatory nature is often assessed by a judge based on various criteria. The offense of defamation is provided for in Article 29 paragraph 1 of the law of July 29, 1881: 'Any allegation or imputation of a fact that damages the honor or reputation of the person or body to whom the fact is imputed is defamation.
The direct publication or reproduction of such allegation or imputation is punishable, even if made in a dubitative form or if it targets a person or body not expressly named, but whose identification is made possible by the terms of the speech, cries, threats, writings or printed materials, posters or notices incriminated.'
What are the different types of defamation?
Public defamation.
Public defamation against private individuals (Article 32, paragraph 1 of the 1881 Law) occurs when defamatory statements are made through any means of publication within the meaning of Article 23: print media, television, radio, websites, social media, public speeches, or public meetings.
It is punishable by a fine of €12,000 (the prison sentence having been removed by the law of 15 June 2000 for defamation against private individuals, but maintained for defamation against institutions, magistrates and public officials covered by Article 31).
Online defamation (forums, social media, blogs) falls under this same regime of public defamation, as digital platforms constitute a means of publication within the meaning of the law.
Non-public defamation.
Non-public defamation (Article R.621-1 of the French Criminal Code) concerns statements made in a restricted setting, to a limited number of persons sharing a community of interests (private correspondence, restricted conversation, message in a closed group). It constitutes a class 1 petty offense (€38 fine, Article 131-13 CP).
When the non-public defamation is discriminatory (origin, religion, sex, sexual orientation, disability), it is upgraded to a class 5 petty offense punishable by a €1,500 fine (Article R.625-8 CP). The boundary between public and non-public defamation depends on whether the circle of dissemination is open or closed.
Denigration.
Commercial denigration is an unfair competition fault based on Article 1240 of the French Civil Code, consisting of spreading statements or information discrediting a competitor's products or services to divert their clientele.
Unlike defamation (which targets a person's honor and falls under the 1881 Law), it targets the offerings and can be established even if the facts are accurate, when their dissemination is malicious or disproportionate. The statute of limitations is five years (Article 2224 of the Civil Code).
Discriminatory defamation.
Discriminatory defamation (Article 32, paragraph 2 of the 1881 Law), sometimes associated with cyberbullying, adds an additional dimension of severity when defamatory statements target persons because of their origin, their membership or non-membership of an ethnic group, nation, alleged race, or specific religion, or because of their sex, sexual orientation, or disability.
This type is severely punished: up to one year imprisonment and €45,000 fine, with the statute of limitations extended to one year.
Responding properly to defamation: essential steps.
Identify and gather evidence.
The first step is to identify and gather evidence of defamatory statements. This may include screenshots, image rights documentation, audio or video recordings, testimonies, or any other relevant content. Gathering evidence is crucial to establish the veracity of facts before a court and for your attorney to prepare a solid defense.
A judicial officer may be needed to certify evidence before proceedings.
Immediate steps to take.
It is essential to react quickly. First steps include filing a complaint with civil party constitution, either at the police station or directly with the investigating judge. In some cases, a cease-and-desist letter may be sent to the author of the statements demanding they cease the defamatory acts and remove the incriminated content.
Available judicial recourses.
Victims have several judicial recourses. They may file a criminal complaint, involving an investigation and potentially a trial. They may also claim damages by constituting as a civil party.
Anonymity lifting.
Our firm has deep expertise in lifting anonymity (similar to identity theft cases) from online hosts (Google, META, TikTok, etc.).
On the basis of Article 145 of the French Code of Civil Procedure, we petition the President of the competent Judicial Court either through adversarial interim proceedings or, most often, by way of an ex parte request: anonymity lifting by ex parte request (non-adversarial procedure) secures an order by surprise effect, without alerting the platform or the author, and thereby freezes connection data (IP addresses, identifiers, logs) before any dilatory manoeuvre.
Once anonymity has been lifted, it is possible to send a cease-and-desist to the author, file a complaint with civil party constitution effectively, or directly summon them to court to obtain content removal and full compensation for damages.
Our Criminal Law Expertise in Defamation.
As attorneys practising criminal press law, we handle the full range of criminal litigation related to defamation. Criminal proceedings in press matters follow particularly rigorous procedural requirements: the prosecution act must precisely qualify the incriminated statements and cite the applicable legal texts, under penalty of nullity.
Our team appears before the criminal court to obtain conviction of defamatory statement authors and compensation for moral and material damages. We also defend individuals accused of defamation, raising defenses specific to criminal press law: truth defense, good faith, and statute of limitations.
This expertise in criminal press law is a decisive asset, as the stakes go beyond mere content removal: the goal is to obtain a dissuasive criminal conviction and compensation commensurate with the harm suffered.
Defenses and Statute of Limitations in Defamation Cases.
French press law provides several specific defenses in defamation cases. The truth defense (exceptio veritatis), provided for in Article 35 of the Law of July 29, 1881, allows the defendant to escape liability by proving the truth of the defamatory facts, except for facts relating to private life, facts that are time-barred or amnestied, and facts dating back more than ten years.
The short three-month limitation period constitutes the main procedural pitfall in defamation cases. The period runs from the first making available to the public. The Court of Cassation held that the identical republication of already-published content does not trigger a new limitation period (Cass. crim., 19 September 2006, No. 05-87.230).
For online publications, it is therefore the date of first posting that triggers the period, not the date of discovery by the victim. Good faith constitutes a second defense, based on four criteria developed by case law: the legitimacy of the purpose pursued, the absence of personal animosity, prudence and restraint in expression, and the seriousness of the prior investigation.
The statute of limitations for defamation actions is set at three months from the date of first publication (Article 65 of the 1881 Law), a particularly short period that requires a rapid response from the victim. For online publications, case law considers that the starting point runs from the date the content was posted online (not from its discovery by the victim).
It is essential to distinguish defamation (imputation of a specific fact damaging honor) from insult (injure, Article 29 paragraph 2 of the 1881 Law, an outrageous expression not containing any factual imputation), from denigration (dénigrement, a civil fault under Article 1240 of the Civil Code, targeting products or services rather than the person), and from legitimate criticism (expression of opinion within the limits of freedom of expression).
Useful glossary in defamation law.
- Public defamation
- allegation or imputation of a fact harming honour, made publicly (Articles 29 §1 and 32 of the Act of 29 July 1881) ; short 3-month limitation period and strict procedural formalism.
- Non-public defamation
- same imputation made in a restricted circle (Article R.621-1 CP), 1st-class contravention (€38) ; upgraded to 5th-class contravention (€1,500) when discriminatory (Article R.625-8 CP) ; 3-month limitation period (Article 65 of the 1881 Press Act).
- Defence of truth
- defence allowing the author to prove the truth of the defamatory fact (Article 35 of the 1881 Act), admissible except in narrow exceptions (private life, amnestied facts, facts older than 10 years).
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FAQ
Frequently asked questions.
Yes, defamatory statements by colleagues or superiors can damage your professional and personal reputation. Our specialized attorneys can help you assess the facts, gather evidence, and take legal action.
To prove defamation, concrete evidence is essential: screenshots, recordings, testimonies, or any other element demonstrating the existence of defamatory statements. An experienced attorney will help you build a solid case.
A defamation attorney plays an essential role in protecting the reputation of individuals and businesses. They advise and represent clients in cases where defamatory statements have been made.
The first priority is to establish evidence of the defamatory content: timestamped screenshot (ideally by judicial officer's report), identification of the exact URL, and preservation of the entire context.
The second step is to immediately consult a lawyer to assess the legal qualification and choose the appropriate procedural route: LCEN/DSA notification to the host, accelerated proceedings on the merits before the president of the judicial tribunal (Article 6-I 8° LCEN), or criminal complaint with civil party constitution. INFLUXIO can intervene urgently within 24 hours.
Defamation (Article 29, paragraph 1 of the 1881 Law) involves imputing a specific fact susceptible of verification, while insult (Article 29, paragraph 2) is an outrageous or contemptuous expression containing no imputation of a specific fact. Both offenses have a 3-month statute of limitations.
The limitation period is 3 months from first publication (Article 65 of the law of 29 July 1881). For content published online, this period runs from the date of upload, not from each consultation. Any action brought outside this period is inadmissible, hence the importance of reacting immediately.
The exception of truth (Article 35 of the 1881 law) allows the author to prove the truthfulness of defamatory facts to escape conviction, but it is strictly framed. It is notably excluded when the facts concern private life, when they date back more than 10 years, or when they are covered by amnesty. The proof must be perfect, complete and correlative to the imputations.
Defamation is public when committed in conditions allowing access by an indeterminate number of people (press, open internet, public social media). It is non-public when occurring within a restricted circle. Public defamation against private individuals is a misdemeanor punishable by a €12,000 fine (Art. 32 §1 of the 1881 Act), while non-public defamation is a 1st-class contravention (€38, Art.
R.621-1 CP), upgraded to a 5th-class contravention (€1,500) when discriminatory (Art. R.625-8 CP), which changes the procedural strategy.
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INFLUXIO is a law firm specialized in defamation, based in Paris. Public and non-public defamation, print and online press, 3-month limitation, accelerated proceedings on the merits and compensation.
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