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The word libel is believed to be familiar to everyone. Generally speaking, it refers to the deliberate fabrication, fabrication and dissemination of facts to degrade the personality or damage the reputation of others. If this behavior meets certain conditions, it is illegal and should be punished according to law. Defamation can be person to person, person to company, etc. Then, according to the law, what should individuals do to slander the company? The following is the answer to this content.
1. What if an individual slanders the company?
According to the relevant laws and regulations of our country, citizens and legal persons enjoy the right of reputation, and their personal dignity is protected by law. It is forbidden to damage the reputation of citizens and legal persons by insulting or slandering. Accordingly, the company can request the court to order the infringer to stop the infringement, restore his reputation, eliminate the influence and apologize through civil litigation, and can also demand compensation for the economic losses caused by the infringer's infringement.
Second, the elements of the crime of libel
(A) the object elements
1. The object of this crime is the same as the insult crime, and it is the personal dignity and reputation right of others. The object of criminal infringement is a natural person.
2. The objective aspect of this crime is that the perpetrator fabricates and spreads some fictional facts, which is enough to degrade the personality and reputation of others, and the circumstances are serious.
(1) There must be an act of fabricating some facts, that is, the content of slandering others is completely fictitious. If the facts spread are not fabricated out of thin air, but exist objectively, even if the personality and reputation of others are damaged, it does not constitute this crime.
(2) There must be acts of spreading and fabricating facts. The so-called communication is the public communication in society. There are basically two ways of communication: one is text communication; The other is text, which is distributed through posters, small print posters, pictures, newspapers and periodicals. The so-called "derogatory enough" refers to the fabricated and disseminated false facts, which may completely degrade the personality and reputation of others, or have actually caused actual damage to the victim's personality and reputation. If you spread false facts, but it is impossible to damage the personality and reputation of others, or it will not damage the personality and reputation of others, it does not constitute libel.
(3) Defamation must be directed at a specific person, but it is not necessary to name names. As long as we know who the victim is from the content of libel, it can constitute libel. If the facts spread by the actor have no specific target and it is impossible to degrade someone's personality and reputation, it cannot be punished as libel.
(4) The act of fabricating facts and slandering others must be serious to constitute this crime. Although there is an act of fabricating facts to slander others, if the circumstances are not serious, it cannot be punished as this crime. The so-called serious circumstances mainly refer to the repeated fabrication of facts to slander others; Fabricating facts and causing serious damage to the personality and reputation of others; Fabricating facts to slander others, causing adverse effects; Defamation of others leads to the victim's mental disorder or suicide, and so on.
(II) Main contents
1. The subject of this crime is a general subject, and any natural person who has reached the age of criminal responsibility and has criminal responsibility ability can constitute this crime. Units cannot constitute the subject of crime.
2. Subjectively, this crime must be intentional. The actor knows that he is spreading false facts that can damage the reputation of others, knows that his actions will lead to harmful results that will damage the reputation of others, and hopes that such results will happen. The actor's purpose is to discredit others. If the actor misunderstands false facts as true facts and spreads them, or spreads some false facts for the purpose of damaging the reputation of others, it does not constitute libel.
In real life, if an individual slanders a company, the company can protect its legitimate rights and interests by bringing a civil lawsuit to the court. At the same time, in this process, we must pay attention to the collection of evidence, otherwise it will not constitute the conditions for libel. Even if the court files a case, it is difficult to guarantee that it can safeguard its own rights and interests. If you have other questions you don't understand, I suggest consulting a professional lawyer to help you solve them.
Extended reading:
How long is the statute of limitations for libel?
What is the statute of limitations for libel?
Model libel indictment