In the digital age, libel, slander and defamation increasingly committed through social media, online forums and rating platforms. In Belgium, these acts are punishable and can also give rise to a civil claim. In this article, Novex Lawyers explains the legal qualifications and discusses options to protect your reputation.
What is the difference between libel, slander and defamation?
Belgian law distinguishes between three closely related concepts:
- Honor robbery (calomnia/diffamation): The public ascription of a particular fact to someone that may tarnish his honor or expose him to public contempt, without the truth of that fact being proven;
- Slander (diffamation avec preuve de la vérité): defamation involving proof of the truth of the imputed fact - but which as such is not impunity if it does not serve a public interest;
- Insult (injure): publicly uttering insults without attributing a specific fact - also punishable.
Criminal prosecution
Libel, slander and defamation are criminalized in the Law of June 18, 2018 (Press Law). The offenses can be prosecuted for the correctional court (if committed through media other than the traditional press). Punishment includes a fine and possibly imprisonment. As a victim, you can complain to the police or sue directly through a bailiff.
Civil action and damages
In addition to the criminal route, as a victim of libel or slander, you can also file a civil claim filed before the court of first instance. You then claim compensation for the moral and possibly material damage you have suffered due to the damage to your reputation. In urgent cases (e.g., false claims going viral), you can sue through a summary enforce the removal of the messages and a ban on further dissemination.
Defamation and libel on social media
Facebook posts, Google Reviews, LinkedIn posts and tweets fall within the scope of the defamation laws. The fact that something was posted online and not published in a newspaper does not make it any less criminal. In online defamation cases, it is crucial to secure evidence (screenshots, URLs, date and time) as soon as possible before the posts are deleted. An attorney can advise you on securing evidence and the most efficient approach.
Right to reply and right to be forgotten
In addition to legal proceedings, you can also appeal to the right of reply (publication of your rebuttal in the same medium) or the right to be forgotten (removal of older, no longer relevant information via search engines). An attorney can guide both routes.
Assistance with libel and slander
Novex Lawyers defends victims of defamation as well as persons accused of libel or slander. We analyze the facts, draft the complaint or prepare the defense, and guide you through the criminal and civil proceedings. Contact us for an initial confidential discussion.
Also read: Arrest and interrogation in Belgium: your rights as a suspect