Defamation and Libel
Explanation
The Lebanese Penal Code distinguishes between the crimes of defamation [la diffamation], insult [l'injure], and contempt [l'outrage]. Defamation is defined as attributing a matter to a person that undermines their honor or dignity, even if it is in the form of a doubt or a question. As for insult, it is any word of disdain, cursing, or expression that reveals contempt, provided it does not involve the attribution of a specific matter.
The crime of contempt differs from defamation and insult in that it is directed at a public official during the performance of their duties or in the course thereof, or communicated to them by the will of the perpetrator. The definition of an official includes any person appointed or elected to perform a public function or service, whether with or without financial compensation. The penalty for contempt varies according to the capacity of the official, being more severe if they exercise public authority, and reaching its maximum if the contempt occurs by words, gestures, or threats against a judge on the bench.
The law provides special protection for the Head of State and national symbols. Whoever commits contempt against the Head of State is punished by imprisonment from six months to two years. The same penalty is imposed on anyone who publicly commits contempt against the national flag or emblem.
The penalties for defamation and insult against ordinary people differ based on the element of publicity. If defamation occurs publicly, the perpetrator is punished by imprisonment for up to three months and a fine of up to two hundred thousand liras, or by one of these two penalties. As for public insult, it is punished by imprisonment from one week to three months or a fine from fifty thousand to four hundred thousand liras. In the event that defamation or insult does not occur publicly, the penalty is limited to a fine alone.
One of the fundamental rules in the crime of defamation is the inadmissibility of pleading the truth of the incident. The perpetrator of defamation is not allowed to justify their act or defend themselves by proving the truth of the act they attributed to the victim, or by proving that this act is famous and well-known among people.
Official legal articles
insert · 1948-02-11: Open the official text
amend · 1993-06-10: Open the official text
amend · 1993-06-10: Open the official text
Think deeper
Why does the legislator prevent the perpetrator of the crime of defamation from justifying themselves by proving the truth of the act subject to defamation, and how does this relate to the primary goal of criminalizing attacks on honor and dignity?
Flashcards
What is the fundamental difference between the crimes of defamation and insult in the Penal Code?
Defamation attributes a specific matter undermining honor, whereas insult is disdain without attribution (Article 385).
Who is the public official whose contempt during or in the course of duty is punishable?
It is any person appointed or elected to perform a public service, paid or unpaid (Article 383).
What is the prescribed penalty for contempt against a judge on the bench by words, gestures, or threats?
It is punishable by imprisonment from six months to two years.
Can the perpetrator of defamation exonerate themselves by proving that the matter attributed to the victim is true?
No, the perpetrator of defamation is not allowed to justify themselves by proving the truth of the act subject to defamation or proving its notoriety.
What is the penalty if defamation or insult is committed against an ordinary person but without publicity?
The penalty is limited to a fine alone.
ما هي عقوبة تحقير رئيس الدولة أو تحقير العلم الوطني علانية؟
يعاقب بالحبس من ستة أشهر إلى سنتين.
Practice questions
A person directed words attributing the embezzlement of funds to the manager of a private company. How is this act legally characterized?
Defamation is attributing a matter to a person undermining their honor even in doubt, which applies to embezzlement (Article 385).
A person committed contempt against an official exercising public authority during the performance of their duties. What is the prescribed penalty for this act?
The penalty is imprisonment from two months to one year if the insulted official exercises public authority (Article 383).
A person published an article containing defamation against their neighbor, and attempted in court to present documents proving the truth of what they wrote. Is their justification accepted?
The perpetrator of defamation is not allowed to prove the truth of the act or its notoriety to justify themselves (Article 583).
A person directed curses and words of abuse to their neighbor in a private, non-public message. What is the potential penalty?
A fine alone is imposed if the perpetrator does not commit the insult publicly (Article 584).
Is a person elected to a public service without financial compensation considered an official in the crime of contempt?
An official is any person appointed or elected to perform a public service with or without compensation (Article 383).
Case problems
During a trial session, an attendee directed threatening gestures and words of contempt at the judge sitting on the bench. After the session, the same person published a public article describing the judge as corrupt and accepting money to change rulings. He attempted before the court to present audio recordings to prove the judge's bribery. Address these facts legally.
Model answer
Directing threatening gestures and words of contempt at a judge on the bench constitutes an aggravated contempt crime. The law punishes this act with imprisonment from six months to two years (Article 383).
Publishing an article describing the judge as corrupt constitutes a punishable crime of defamation. This is fulfilled by attributing a specific matter that undermines honor and dignity (Article 385).
Since the defamation occurred publicly, the penalty of imprisonment or a fine or both applies. The law imposes this penalty on public defamation crimes (Article 582).
Attempting to present recordings to prove bribery is not legally accepted before the court. The law prevents the perpetrator of defamation from proving the truth of the act to justify themselves (Article 583).
Self-grading rubric
Saeed sent a private phone message to his neighbor Farid containing curses and words of disdain without attributing any specific act to him. Farid was annoyed and sued Saeed, demanding his imprisonment. Can the court sentence Saeed to imprisonment?
Model answer
The act committed by Saeed constitutes a crime of insult punishable by law. The message contained curses and words of disdain without attributing a specific matter (Article 385).
The insult was done via a private message and did not occur publicly. Therefore, the legal provisions regarding non-public insult crimes apply (Article 584).
The law expressly stipulates limiting the penalty to a financial fine alone. This ruling applies if the insult is not committed publicly (Article 584).
Therefore, the court cannot sentence Saeed to imprisonment in this lawsuit. The penalty in this case is limited to a fine only.