Smaad
Defamation
Defamation is the intentional public accusation of a person of a specific fact with the aim of harming that person's honour or reputation. It is made punishable by Article 261 of the Criminal Code.
Defamation constitutes a specific criminal offense under Dutch criminal law, whereby the perpetrator intentionally makes a concrete public accusation. The accusation must relate to a fact capable of harming the victim’s honor or reputation, and there must be a manifest intent to cause damage.
In practice, defamation is relevant both to criminal prosecution and to civil claims for damages. Victims may file a report with the police, after which the Public Prosecution Service may decide to proceed. A civil action may likewise be brought to claim compensation for non-pecuniary loss.
Within a law firm such as Arslan & Arslan, defamation frequently arises in cases involving online statements, commercial disputes or personal conflicts in which reputational harm is central.
“The defendant was convicted of defamation after making false accusations about the integrity of his former business partner during a public meeting.”
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