Defamation

Verified 30 March 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

When someone harms a person's reputation by claiming dubious information about them, it is defamation. This offense is upheld whether committed in public or in private. But public defamation is more severely punished by law. There are ways to report, to ensure that those responsible are punished and to ensure that the victim is compensated. Here is the information you need to know.

Defamation consists in asserting a fact or accusing a person of an act that is detrimental to his honor or reputation.

The fact alleged or attributed to the victim must be specific. This means that he must be able to be the subject of contrary evidence.

Example: during a public debate, declare that a person has already been convicted of fraud when we know that it is false. In this case, the person may provide a clean criminal record.

Defamation is retained even if the perpetrator targets a person or body (army, jurisdiction, etc.) without directly naming it. It is only necessary that this person or this body be identifiable. Example; declare that the municipal police chief of a village is corrupt, without naming his name but quoting the name of the village.

This infringement applies even if the allegation is made in the form of a question or innuendo. 1er example: during a municipal council, ask the question: “Can we really believe that the mayor of the commune is not corrupt?” 2nd example: post on social networks content saying that a person would be a pedophile.

Warning  

Defamation must be differentiated from the insult, the discrimination and slanderous reporting.

Slander is the accusation of a person determined facts which are wholly or partially inaccurate and which may lead to judicial and/or disciplinary sanctions.

Unlike defamation, this offense can only be upheld if the denunciation has been made to a judicial officer (example: a judge), a police officer, an authority that can act on it (example: public prosecutor), a supervisor or an employer.

Unlike the non-public defamation which results in a contravention, the public defamation is a offense, because it harms the person who suffers it more seriously.

FYI  

Defamatory content published on social networks may be public or non-public depending on how the victim's account is set up. If the victim's account is only accessible to his circle of friends, the defamation is private. However, if the account is accessible to the public, defamation is considered public.

What is non-public defamation?

Non-public defamation is retained when the perpetrator speaks in a private and restricted setting.

Example :

  • Messages sent to a person's phone or inbox
  • Remarks made during a meeting between several associates of a business
  • Remarks made during a family discussion.

Defamatory remarks or writings must be addressed to one or more persons related to each other, without any public being able to hear or read them. Thus, the fact that a defamatory allegation was made in a closed place does not necessarily make it a non-public defamation. For example, non-public defamation does not apply to shouted words in a courtyard of an immovable as long as they can be heard by all the occupants of the immovable and their guests. Public defamation must be upheld.

What is public defamation?

Public defamation is used when the perpetrator expresses himself using one of the following means:

  • Speech, shouts or threats
  • Writings, prints, drawings, engravings, paintings, emblems, images
  • Any other medium of writing, speech or image
  • Closets or posters
  • Publication by a publicly available online means of communication.

In other words, defamation has a public character when speech, writing, etc. can be defamatory heard, seen or read by many people or by the general public.

Website host

When defamatory content is published on the internet, any person (adult or minor) may report to the host of the site or of the platform concerned.

Following the report, the host must verify that the reported content is illegal.

If so, he must immediately :

  • Notify the competent authorities (e.g. public prosecutor)
  • And remove or block access to illegal content.

FYI  

If illegal content has been reported to the host and it has not been deleted, the author of the report may call on a dispute resolution body. This organization will make proposals with the aim of reaching an amicable agreement with the host. This process is paid for: the price varies depending on the organization you enter.

Law enforcement

It is possible to report defamation of law enforcement. However, reporting cannot be done through PHAROS: titleContent.

To report defamation, the victim or witness must contact a police or gendarmerie department directly.

Who shall I contact

As soon as the facts directly caused him a harm, the victim may lodge a complaint against the perpetrator of the insult or make a direct quote.

If she did not know the perpetrator, she could file a complaint against X (but she could not quote directly).

Please note

When the acts were committed on the internet, the victim can also file a complaint against the host that has not fulfilled its obligations: remove the defamatory content and notify the competent authorities.

Direct quotation avoids a potentially lengthy investigation. However, writing a direct quote is subject to very strict rules. It is therefore strongly advised to the victim of hire a lawyer.

Warning  

Where the defamatory content is contained in a file published by an online means of communication, the publisher of the site or of the platform concerned is considered the author of the defamation. So it's him who should be the subject of the complaint or the direct quote.

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Complaint

The complaint must be filed within 3 months of the commission of the facts (1 year when the defamation is racist or discriminatory).

To lodge a complaint, the victim can go directly to the police station or the gendarmerie brigade of his choice. It also has the possibility to send a letter to the public prosecutor of the place where the events occurred.

When filing a complaint, the victim may constitute a civil party with the aim of obtaining damages and interest.

On site

The victim may move to the police station or gendarmerie brigade of his choice.

Who shall I contact

Please note

At the time of filing a complaint, it is recommended to bring all the elements that demonstrate the offense suffered and which make it possible to identify the author of the facts (SMS, testimonies, photographs, videos, etc.).

By post

To file a complaint with the public prosecutor, the victim must send a letter to court of the place of the offense or of the domicile of the offender.

The letter must specify the following:

  • Civil status and full contact details (address and telephone number)
  • Detailed account of the facts, date and place of the offense
  • Name of the alleged perpetrator if the victim knows him (otherwise, the complaint will be filed against X)
  • Name and address of any witnesses to the offense
  • Description and provisional or definitive estimate of injury
  • Evidence documents (medical certificates, work stoppages, photographs, screenshots, videos, etc.).

It is possible to use a mail template:

File a complaint with the public prosecutor

The complaint can be sent by registered letter with acknowledgement of receipt (preferably), by simple letter or by followed letter.

It can also be deposited directly at the reception of the court.

In any case, a receipt is sent to the victim as soon as the public prosecutor's office has registered the complaint.

Direct Quote

If the victim knows the defamer and that it is a natural person major or a legal person, it may bring an action directly before the competent court by a direct quote.

It has a period of 3 months from the commission of the facts (1 year when the defamation is racist or discriminatory).

Reminder

If the content has been disseminated on an online means of communication, the direct quote must refer to director of publication. All media and professional websites must indicate the identity of the publisher.

When writing a direct quote, the victim must be very specific. She must in particular indicate the following:

  • Identity and address of the commissioner of justice who will issue the citation
  • Identity and contact information of the person to whom the summons relates
  • Comments, writings, videos, etc. that constitute defamation and the type of defamation (public or non-public defamation). The victim must transcribe word for word defamatory remarks or mention specific passages that fall under defamation. It must also demonstrate that the words, writings, videos result in a infringement
  • Place and date of the infringement
  • Legislation that provides for the offense to which she is a victim
  • Injury suffered and amount of such damage.

It must also provide all the elements necessary to prove the guilt of the alleged perpetrator and the harm undergone.

Once the direct quote is written, the victim must send it, by letter RAR: titleContent, to the court competent to obtain a date for the hearing (correctional court for a public defamation, police court for a non-public defamation).

Who shall I contact

Then it must send the direct summons and supporting documents to the commissioner of justice of the domicile of the alleged perpetrator of the insult.

Once the Commissioner of Justice issues the direct summons to the defendant, he shall deliver an original of the summons to the victim. It must immediately deliver that document to the registry of the court seised.

Finally, the victim must pay a logging the amount of which is determined on the basis of his income.

FYI  

When she makes a direct quote, the victim is necessarily civil party. It can therefore obtain damages and interest in addition to the conviction of the defendant.

In principle, the perpetrator of a defamation is punishable (he always incurs a penalty). However, certain defenses may allow him not to be convicted.

Penalties for defamation

The penalties incurred by the perpetrator differ depending on the context in which the defamation took place.

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Non-public defamation

Penalties for racially or discriminatingly defamatory acts are higher than those for other types of defamation.

General case

The alleged perpetrator of a non-public defamation shall incur a contravention of an amount of €38.

Defamation of a racist or discriminatory nature

Non-public defamation of a racist or discriminatory nature is punishable by contravention from €1,500 maximum.

The alleged perpetrator is also liable for additional penalties such as the obligation to perform a community service for a period of 20 to 120 hours or the obligation to follow a citizenship internship.

Public defamation

The penalties for defamation of a racist or discriminatory nature are higher than those for other types of defamation. In addition, specific sanctions apply to the perpetrator of a defamation against a public authority (public administration, judge, police officer, juror, etc.).

General case

The alleged perpetrator of public defamation shall be liable to a fine of €12,000.

Defamation of a public authority

Public defamation of a court, public administration or the army is punishable by a fine of €45,000.

When public defamation is directed against the President of the Republic, a member of a ministry, an official, a public official, a witness or a juror, because of their functions, the accused person shall be liable to a fine of €45,000 and one community service.

Defamation of a racist or discriminatory nature

The alleged perpetrator of public defamation of a racist or discriminatory nature shall be liable 1 year imprisonment and/or €45,000 of a fine.

FYI  

In any case, the victim who civil party (or who made a direct quote) can obtain damages and interest from the convicted person.

Defense of the person accused of defamation

The person accused of defamation can defend himself by invoking immunity, by demonstrating his good faith or the veracity of the facts alleged.

Immunity

Immunity allows the defendant not to be condemned.

Immunity is provided for in 2 cases:

  • For speeches in the National Assembly and the Senate and for writings written by parliamentarians as part of their mission. In this way, members of Parliament and senators can express themselves freely, without having to fear the consequences of their words or writings. We're talking of parliamentary immunity.
  • For words spoken and written material provided in the course of a trial. This immunity applies to lawyers, to parties at trial, witnesses, experts, etc. of judicial immunity.

Example :

A member accuses a minister of mismanagement of the budget and corruption. While this might be considered defamatory in another context, the hon. member cannot be convicted, because that has been said in the exercise of its mandate. He therefore enjoys parliamentary immunity.

In a assignment, on applicant claims that his opponent is lying and that he provided false documents. The opponent is filing a defamation complaint. Judges uphold immunity from prosecution on the basis that the plaintiff's allegations were intended to provide a legal demonstration.

Good faith

A person accused of defamation may show that he or she good faith.

This may allow her to escape conviction even if it is established by the courts that she committed the offense.

Good faith presupposes the accumulation of 4 following criteria:

  • Prudence and measure in the expression, without exaggeration in the subject
  • Absence of personal conflict with the victim
  • Presence of a legitimate purpose (e.g. to inform about a health scandal)
  • Serious investigative work. Accusations made by the person making the statement, whether or not he is a journalist, must be based on solid facts, even if he was ultimately wrong. He must prove that he did not make these accusations at random or deliberately lie.
Proof of truth

A person accused of defamation can defend himself by arguing that the facts are true and offering to prove it.

Justice can accept his request under certain conditions: indeed, proof of truth can be retained if it is complete, perfect, complete and linked to the defamatory imputations that are debated.

Thus, the person prosecuted for defamation may provide any evidence, including evidence relating to the secrecy of the investigation or investigation.

If the defamation relates to a sexual offense against a minorHowever, evidence may also fall under the privacy of the victim of defamation.

FYI  

Apart from cases where the defamation relates to a sexual offense against a minor, the accused person cannot use elements specific to a person's private life.

Any evidence regularly served by the parties is acceptable to the court.

If the victim has made a direct summons, the alleged defamer has 10 days from the time he received the summons to effect service.

Who can help me?

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