C o l o m b i a

7. CRIMINAL LIBEL, CIVIL DEFAMATION: SLANDER AND LIBEL

Defamation is not regulated in the Criminal Code. The Criminal Code, issued by Decree 100 of 1980, repealed the criminal rules provided in the Press Law, reducing all criminal conduct to libel and slander committed in the practice of journalism. Such conduct is regulated by articles 313 to 322 of the Criminal Code and legal action may be filed by complaint (or charges to be filed by the offended party because these crimes are not subject to officious action.) Such complaint shall be filed within one year after the illegal action has been committed.

Slander: In Article 313 this crime is typified as making accusations against individuals that dishonor them, and it is penalized with imprisonment from 1 to 3 years. Case law provides the following requisites as legal basis for slander:

?1. That one party shall accuse another known or identifiable party of a dishonorable act;

2.  That the accuser shall have knowledge of the dishonorable character of such act;

3.  That the act?s dishonorable character shall damage or impair the good reputation of the accused party; and

4.  That the accuser shall know the alleged act had the capacity to damage or impair the good reputation of the party accused.?

Libel: This crime is defined in Article 314 as falsely accusing an individual of a punishable act, and it is penalized with imprisonment from 1 to 4 years. Case law also establishes the following requisites as legal basis for this crime:

?1. That a specific or identifiable party be accused of a criminal act;

2. That the alleged criminal act should be false;

3. That the accuser knows it is false; and

4.  That the accuser shall make such imputation willingly and in conscience.?

Indirect slander and libel: provided for in article 315 of the Criminal Code as offenses committed by publishing, reproducing or repeating libel or slander imputed by others, or when these accusations are made impersonally or with such expressions as ?it is said,? ?it is assured? or similar phrases, and such offenses are subject to penalties established in the above-cited articles.

Article 316 of the same criminal regulations provides as special circumstances for additional punishment the fact that the illegal act be committed through social communication or collective dissemination media, or at a public meeting.

Exculpatory Conditions: Article 317 provides as exculpatory conditions proof of the truth of the accusations (exeptio veritatis), and makes the exception that, in cases of libel, no proof shall be admitted when the alleged punishable act has been dismissed (final acquittal), or there is procedural discontinuance, providing these rulings are not the result of statutes of limitation.

In cases of slander, this article also provides exception of proof when the accusations refer to the sexual, conjugal or family life of the accused, or to victims of crimes against sexual freedom and modesty.

Retraction: Article 318 provides that no punishment shall apply if the author of slanderous and libelous accusations should retract before sentence is pronounced in the first or only instance, as long as the offended party approves and the retraction is made in the same information medium and in the same way the accusations were alleged.

Inability to prosecute: No legal action may be started if retraction or correction is made before charges are filed. In this case, no approval is required from the offended party.

On the other hand, the Code of Minors provides in article 300 that communication media shall not make transmissions or publications against the physical, mental or moral integrity of minors, justify crime or contain prurient or pornographic descriptions. Also prohibited in article 302 of the above-cited code are publications inciting minors to use drugs and other illegal substances that damage their health.

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