Defamation

Defamation (Libel and Slander)

Defamation

Defamation is a complex and detailed area of the law of Torts. Defamation may take the form of statements or behaviours made by one person that injures the reputation of another by exposing him/her to hatred, contempt, or ridicule, or which tends to lower him in the esteem of right-thinking members of society. The statement must be made to a third party. In some jurisdictions spoken defamation is called slander and written defamation is called libel. Defamatory statements may fall under many categories and may be defended under varied available defences.

In Cyprus defamation is only treated as a civil wrong and is therefore part of private law rather than being a criminal offence as in some other jurisdictions, owing to the provisions of article 19 of the UN International Covenant on Civil and Political Rights that urged signatories to “consider the decriminalization of libel” mainly for freedom of thought and freedom of expression reasons. Another reason that Cyprus does not treat defamation as a criminal offence is the caselaw of the European Court of Human Rights e.g. the case of Lingens v. Austria (1986).

The fundamental distinction between libel and slander in Cyprus lies solely in the content of the publication of defamatory matter.

Libel

Thus in Cyprus, libel may be oral or written and be published (made public) in any medium, and is constituted by statements made by the libeller (publisher) that:

Impute the libellee with perpetration of a criminal offense, or
Impute the libellee with misconduct whilst holding a public office, or
Naturally tend to injure or adversely affect the reputation of the libellee in his/her profession, occupation, job, employment or position, or
May potentially expose the libellee to general hatred, contempt or ridicule, or
May potentially cause repugnance or evasion of the libellee from others.

Libel is actionable per se i.e. no specific damage needs to be exist, provided that is published to a third person (other than the libellee or the wife of the libeller during marriage). However to initiate an action for oral or gesture-type libels the Libellee must prove specific damage (loss), unless the content of the statements were such that they:

Impute the Libellee with perpetration of a criminal offense to that may incur incarceration of imprisonment.
Are intended to injure or adversely affect the reputation of the libellee in his/her profession, occupation, job, employment or position, or
Impute the Libellee with a transmissible or infectious disease.
Impute a woman or girl Libellee with adultery and lewdness.

Libel Defences:

A Libellers’ responsibility shall not be less only because:

He/she made it in a form of repetition or hearsay, or
He/she makes a timely or at a later stage report of the source on which the declaration based or
He/she believed the statement to be true (without prejudice to some other defences).
He/she in reality did not intend to make this statement or to publish it for the Libellee or in regards to the Libellee.
He/she was not aware of the existence of the Libellee (without prejudice to another defence).

However, it is a defence to libel if the maker of the statement (publisher) proves that the publication in respect of which the action was brought:

Was true: When the defamatory publication contains more than one accusation against the defendant, the defence may not be defeated only because some accusations are proven to be true and the accusations that have not been proved true do not materially impair the reputation of the Libellee, taking into account that the other accusations were true.
Was the subject of a comment made in the public interest: When the publication is constituted partly by assertion of facts and partly by expression of opinion, this “fair comment” defence shall not be defeated only because the truth of every allegation is not proven, if the expression of opinion is a fair comment of the facts proven to be true. However, the defence shall be defeated if it is proven that the statement was not made in good faith.
Was privileged: Two types of privilege defences are available:

Absolute Privilege: This operates regardless of whether the publication was true of false, whether the maker of the statement knew it or not that the publication was untrue, or whether it was made in good faith or not. Publications falling under absolute privilege are:

Those published by the President or the Council of Ministers or the Parliament.
Those published by the Council of Ministers or the Parliament and is then published by the President, a Minister or a Member of Parliament.
Those published by order of the Council of Ministers.
Those that are published regarding a person that is subject to military, naval or police discipline and are concerned with the behaviour of such person and are published by a person who has disciplinary authority over such person and is addressed to another person who also has disciplinary authority over such person.
If the publication is made in a court proceeding from a person who is part to this proceeding as a judge, lawyer, witness or party.
If the publication is a true report of what have been said, made or published by the Council of Ministers or the Parliament, and the publication was made under their order or authorisation.
If the publication is in reality a true, accurate and current report of what has been said, produced or shown in a judicial proceeding and the judge did not prohibit such publication.
If the publication is a copy, a reproduction or in reality a true summary of a previous publication that was privileged.
If the publisher is obliged by law to publish the publication.
If the publication was made in a military, naval or police report made for defence or security purposes as long as the report is not indecent, blasphemous or seditious.

Qualified Privilege: This operates if it was made in good faith but the Libellee has the burden to prove that it was not if he/she can prove that:

The publication was false and the maker did not believe in its truth.
The publication was false and the maker did not take reasonable steps to find out whether it was true or false.
The maker of the publication was acting so as to damage the Libelee in a disproportionate manner or in a degree significantly bigger or different than was necessary for the common interest or protection the private interest or right for which qualified privilege is evoked.

Publications falling under qualified privilege are those where:

The relationship between the maker and the receiver of the publication is such that the maker is under a legal, moral or social duty to disclose this to the receiver and the latter has an interest in this publication (subject to a reasonableness test).
The maker has a personal interest that needs protection and the receiver is under a legal, moral or social duty to protect this interest (subject to a reasonableness test).
The publication is a reproach that is imputed by one against the conduct or the character of another, as to any matter in relation to which the former has power over the latter, by convention or otherwise (subject to a proportionality test).
The publication is a complaint or an accusation by one against the conduct of another for any matter, or the aspect of the character of another that causes such behavior, which was made to a person in authority who has power over the latter, by convention or otherwise, or which has the power to investigate or to accept complaints in connection with such conduct or matter.
They are published for the protection of the rights or interests of the person that published it or received it, or for a third person for whom the receiver is interested.
The publication is a fair and accurate report of what has been said, produced or shown in the Parliament.

Was made without intent (innocent dissemination): A publication is made without intent if:

The publisher (or his servants or representatives) did not intend to publish it about or in regards to the Libellee and was ignorant of the circumstances that this publication could have been considered to refer to the Libellee, or
That the publication was not libellous in itself and that the publisher (or his servants or representatives) was ignorant of the circumstances that this publication could have been considered as libellous for the Libellee, or
In any other case that the Publisher (or his servants or representatives) took reasonable care regarding the publication.
Publication without intent operates as a defence if the publisher makes an offer to make amends. The offer must be in writing, refer to the law, and must and be accompanied by an affidavit stating the facts under which the publisher was based to show that it was made without intent. This offer must:
In every case offer to publish or be party to a publication of the appropriate rebuttal of the publication and adequate apology to the person offended by the publication.
If copies of a written defamatory publication have been distributed, then the offeror shall take all reasonably practical measures to bring to the attention of the receivers of this publication that the publication is libellous for the Libellee.
In every case where the publisher makes an offer to make amends:
If the offer is accepted by the offended party and executed, it is not possible for the Libellee to initiate or continue court proceedings for libel against the said publisher who offered to make amends, without prejudice to the right of the Libellee to initiate or continue court proceedings against any other person responsible for such publication. If the offer is accepted then:

If the parties do not agree on the measure to be taken to fulfil the offer, then the court shall finally decide on which these measures should be.
The Court may issue an order as for costs.

If the offer is not accepted by the offended party then this would constitute a defence for the publisher if it is proven that the publication was published without intent and that the offer to make amends was made as soon as possible after the defendant realized that the publication could be libelous, and the offer to make amends has not been retracted.

Slander

In Cyprus, slander may be oral or written and be published (made public) and is constituted by malicious statements concerning the slandered person’s:

Profession, occupation, job, activity or position, or
Goods, or
Possessory title.

To initiate an action for slander the Plaintiff must prove specific damage (loss).

Our Services

Our services include all defamation law matters such as:

Legal Opinions.
Initiation of Libel or slander proceedings
Injunctive relief in appropriate cases.