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11. Offences
against public deceny and morals
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Article 87-Offences
of public slander and accusation
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| 87.1 |
Public slander and false accusation |
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Public slander and false accusation is the spreading of deliberately falsified information that denigrates the honour and dignity of another man or woman or undermines their reputation. |
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Primary Fact(s) |
| 1. That the victim was falsely and publicly accused in a way that denigrated the honor and dignity of their reputation; and |
| 2. That the victim materially suffered by virtue of the false claims; and |
| 3. That evidence existed at the time of the public utterances and offence proving such allegations to be false; and |
| 4. That the actions of the accused contributed to the false accusations; and |
| 5. That the accused was aware at the time of the offence of the facts proving such allegations to be false and/or failed to research/validate such false allegations; and |
| 6. That the actions of the accused were done with the intent to cause harm to the reputation of the victim. |
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Penalty Conditions (Level 1-Crime) |
Type |
Condition(s) |
1-3 |
a) of the spoken false claim against a man or woman uttered in public, as a personal opinion by a member of the public, not in any official capacity; |
4-6 |
a) of the published false claim against a man or woman in a public medium, as a personal opinion by a member of the public, not in any official capacity; |
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Penalty Conditions (Level 2-Crime) |
Type |
Condition(s) |
1-3 |
a) of the spoken false claim against a man or woman uttered in public, by a man or woman holding official title/office, or working for a media organization in any capacity; |
4-6 |
a) of the published false claim against a man or woman in a public medium, by a man or woman holding official title/office, or working for a media organization in any capacity; |
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