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U
r u g u a y 7. CRIMINAL LIBEL, CIVIL DEFAMATION:
SLANDER AND LIBEL These are governed by the Penal Code (Law 9,155 of December
4, 1933. The Code entered into force on August 1, 1934, under terms
of Law 9,414 of June 29, 1934.) Under Title XII ?On crimes against the physical and moral character
of man,? Chapter VI. Article 333: ?Defamation: ?He who before various persons jointly
or severally, but in such a way that the version may be disseminated,
attributes a certain fact to a person that, if true, could give
rise to legal or disciplinary proceedings being taken against him
or expose him to public hatred or contempt shall receive punishment
of four months? to three years? imprisonment.? Article 334: Slander: ?He who, outside the cases envisioned
in the preceding article, offends in any way by word of mouth, in
writing or by deed the honor, rectitude or decorum of a person shall
receive punishment of three to 18 months? imprisonment.? The above crimes are regarded as more serious, with consequent
increased penalties, if they are committed in public documents,
in writings, drawings or paintings disseminated publicly or exposed
to the public under terms of Article 335. According to Article 336, those found guilty of the crimes
of defamation and slander shall not have the right to use truth
as a defense, nor even the notoriety of the facts attributed to
the offended person, except in the following cases: 1. When the offended
person is a public official and the facts or characteristics attributed
to him refer to the carrying out of his duties and which are such
that they could give rise to legal or disciplinary proceedings against
him. 2. When legal action
is being taken or has just started against the offended person. 3. When it is clear that
the author of the alleged crime has acted in the public interest. 4. When the complainant
formally petitions for the lawsuit to continue until the truth or
falsity of the facts or characteristics imputed. 5. In the event that
the truth of the facts be proven or that the person as a result
convicted, the author of the imputation shall be held blameless,
unless gratuitously slanderous means or phrases are employed. This
latter exception was added in Article 19 of the Press Law 16,099
of November 3, 1989. Article 339 of the Penal Code, on Statutes of Limitation, states:
?Criminal action in crimes set out in this chapter shall have a
statute of limitations of one year in the case of defamation and
three months in the case of slander.? Slander is regulated under Article 179, Slander and Simulation
of Crime: ?He who knowingly denounces to the police or the courts
or to a public official who has the duty to report to such authorities
a crime that has not been committed or that gives the appearance
of a crime in such a way that a criminal investigation is initiated
shall receive punishment of three to 24 months? imprisonment.? These crimes are also covered in the Press Law, Law 16,099,
Articles 23, 26 and 33. Article 23 provides for a sum of money to be paid in punitive
damages when the defamation is committed through the news media
and the offended person requests such award in addition to compensatory
damages. These may not exceed 10% (ten per cent) of the total award. Commission of the offense through the media is considered aggravating
circumstances under terms of Article 26. One important aspect to
note is that when such offenses are committed by the news media,
the latter may be prosecuted officially in that they take on the
character of a public action. The Press Law provides that as a general rule the author of
the communication and in the final instance the person in charge
of the news medium is responsible under the law, in line with the
provisions of Article 25. If the identity of the author is not clear,
the copy editor concerned or the editor shall be required to reveal
his name or how to identify him. If they fail to do so, then they
may be punished for covering up, under terms of Article 197 of the
Penal Code. From the point of view of criminal law, there is other punishable
behavior in the press, such as pornography (Article 278) and the
disclosure in the media of correspondence (Articles 298 and 299).
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