Legal Analysis
You can sue if you are falsely accused by others. In real life, people who are sued for defamation by the court are often accused of making some defamatory actions or remarks in life or on the Internet. There are two situations at this time: (1) If the defendant is indeed guilty of defamation and the other party has sufficient evidence to prove that the defendant is guilty of defamation, then the court will sentence the defendant for defamation, so there is no counterclaim. If the defendant is dissatisfied with the court's decision, evidence must be collected and the lawyer can appeal to a higher court. (2) If the defendant has some actions or remarks that are suspected of defamation, but they are not sufficient to constitute defamation or there is insufficient evidence, the court will acquit the defendant. Therefore, the defendant generally cannot file a counterclaim, or even if it files a counterclaim, it can only ask the other party to bear corresponding civil liability. The crime of defamation refers to the serious act of deliberately fabricating and disseminating fictitious facts that are enough to demean the personality of others and damage the reputation of others. There are indeed relevant facts suspected of defamation. For those who spread rumors and gossip, if their lives have been seriously affected, you can first communicate with them to see if you can stop this behavior. If you insist on continuing, you can choose to take legal action to sue the person who spread the rumors. Of course, it is recommended to collect and preserve evidence before prosecution.
Legal Basis
Civil Code of the People's Republic of China
Article 188 The statute of limitations for requesting the People's Court to protect civil rights is three years. If the law provides otherwise, such provisions shall prevail. The statute of limitations shall be calculated from the date when the creditor knew or should have known that the right had been damaged and the debtor became aware of it. If the law provides otherwise, such provisions shall prevail. However, if more than 20 years have passed since the date when the rights were damaged, the People's Court will not grant protection. Under special circumstances, the people's court may decide to postpone the application based on the right holder's application.
Article 165 If an actor causes damage due to wrongful infringement of the civil rights and interests of others, he shall bear tort liability. According to legal provisions, it is presumed that the perpetrator is at fault, but if he cannot prove that he is not at fault, he shall bear tort liability.