Smaadschrift
Libel
A defamatory writing is a written document in which a person is accused, in an offensive manner, of facts that impair that person’s honor or reputation.
Libel is a form of defamation committed in writing and is punishable under Article 261 of the Dutch Criminal Code. It involves the public disclosure or dissemination of a document containing facts or accusations that place the individual concerned in an unfavourable light, without the perpetrator being able to prove the truth of those facts.
The provision is relevant in that it affords victims a criminal remedy to address reputational harm arising from written statements, such as letters, articles or online posts. In practice, it is frequently relied upon in complaints concerning defamation in the media or in correspondence between parties.
“The attorney filed a complaint for libel after the defendant had circulated a letter containing unfounded allegations of fraud.”
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