The 3 Differences Between Insults And Slander: How To Distinguish Them?
The words “injury” and “slander” are very often used as synonyms since both refer to acts that attack someone’s honor and incur a crime.
However, even though they are often used in the same environments, they are not the same. There are some peculiarities and legal consequences of the act of slander and slander, so it is not appropriate to use them interchangeably.
Next Let’s see what the differences are between insults and slander in addition to further understanding what these two words mean.
It is common to hear on television sets, in the press and on the radio, two words that, having become popular almost at the same time, many believe are synonymous: insults and slander. According to the Spanish Penal Code, both refer to acts constituting criminal offenses, that is, they are criminal acts. However, in the media, increasingly judicialized environments, these two terms are used incorrectly from a technical-legal language perspective.
Insulting and slander are not the same There are some legal differences and terminological nuances that make it more appropriate to use one word or the other. Before going into more depth with the main differences between these two terms, we are going to see the extensive definition of what is an insult and what is a slander, in addition to giving some examples.
What is an insult?
An insult is any expression that consists of imputing false facts to someone that violate their dignity. That is, they are objectively offensive actions that damage the reputation of the person being attacked and, furthermore, the person doing the insult knows that what he is saying is not true or has a harmful nature. That is to say, an insult is an intentional action that seeks to attack the honor of the injured party, attributing to him conduct that, socially, is interpreted as unworthy or immoral, but not criminal.
Examples of insults are insults , as long as they are said with the clear intention of discrediting someone. This insult must affect the honor of the injured person and be serious enough for him or her to report it. In addition, there must be evidence that the person who committed the insult said it with the clear intention of attacking the reputation of the injured party.
Another example of insult, especially common on the heart sets, is claiming that someone has been unfaithful to their partner knowing that it is not true. Being unfaithful is not a crime, but it is an act that is socially considered morally questionable, causing the person to whom it has been attributed to lose reputation or receive a negative opinion from society. For this reason, the person who has received the insult can denounce the person who attacks him because it puts him at risk of losing his partner or having society see him as a promiscuous person. Types of insults
In the Spanish Penal Code, insults are regulated by articles 208 et seq The code speaks of two types of insults depending on the publicity that has been given to them:
On the one hand we have “normal” insults, which would simply be the act of insulting, that is, attributing to someone having committed a morally questionable act at a given time and context.
On the other hand, we have the aggravated type, injuries that are considered serious because the person who has done them has not only damaged the honor of the injured party, but has also promoted that false statement using different media, such as social networks, television , the newspaper…
What is slander?
Slander is the act of falsely attributing to someone the commission of a crime That is to say, slander consists of stating that a person has committed a crime knowing that he has not done so with the sole intention of harming him, both socially and legally. On the one hand, the honorability and reputation of the slandered person is undermined, generating in public opinion the idea that he is not respectful of the law, while on the other hand, it is stated that he has committed a crime, causing the authorities to investigate and treat him. suspect or accused until it is proven that the crime has not been committed.
A clear example of slander is denouncing that a politician has stolen from the state coffers to pay for a chalet. These types of statements can generate a negative opinion among both your party colleagues and the opposition, putting you at risk of losing your party membership card or being forced to resign from your position. In addition, you may be disqualified from holding any public position during the time in which you are being investigated.
Types of slander
Slander is regulated in articles 205 et seq. of the Penal Code. As with insults, there are two types of slander depending on the publicity given to them: the normal ones, in which a crime is simply attributed to someone without giving it too much social extension, and the aggravated ones, in which there is promotion of that statement by different media platforms
What is the main difference between insult and slander?
The main difference between insults and slander is the type of content of the false statements made about the person attacked
Both acts are legally punishable, however, what is said in them has different social and legal repercussions for the person attacked. While an insult involves stating something morally questionable about the person insulted, a slander goes further, attributing to him the commission of a crime and, therefore, causing it to have to be investigated.
Insults and slander are crimes, however, The line between insult and slander or slander is quite subjective For this reason, the Spanish Penal Code classifies insults and slander with the intention of specifying which situations represent an attack on the honor and dignity of the injured or slandered person, trying to discern them from those that are merely insults devoid of real harm, such as It can be calling a person an “asshole” or a “bastard.”
Based on what we have said, a false statement is an insult or slander when what is said threatens our honor and dignity, whether we are accused of having committed a moral fault or a legal crime. As we said, the line between insult and slander and slander is somewhat subjective, since what for one may be seen simply as a mild insult another may consider a real attack on his honor.
For this reason, In case we feel insulted and slandered, the first thing to do is go to a lawyer to discuss the case and let him consider whether a crime has really been committed against our honor. If, for example, there is no clear evidence that the person who attacked us did so with the intention of violating our honor, there will be no crime.
If there is one, what the lawyer does first is to write a document for a conciliation act to be held in the Court of the town where the affected person lives, this being the obligatory previous step before filing a complaint. The conciliation act aims for both parties to reach an understanding before making the problem worse and judicializing the matter with its legal and economic repercussions for both parties.
If it is considered that there has been libel or slander and there is no act of conciliation, the punishment or penalty for whoever has attacked the complainant is variable depending on the content of the false statement and how far it has gone. For example, for a normal insult, that is, one that has not been publicized, the punishment can be a fine of six months, while for serious slander, attributing a crime and making it known in the media, there can be a prison sentence of two years.
