127-447: Vladislav Ardzinba Independent Election results annulled Vladislav Ardzinba becomes interim president Presidential elections were held in Abkhazia on 3 October 2004, the first that were competitive. Election law prohibited incumbent President Vladislav Ardzinba from running for a third term and he instead backed Prime Minister Raul Khadjimba , who also enjoyed support from
254-413: A President of Georgia , Eduard Shevardnadze . Under his rule, human rights records were extremely poor as most of the pre-war Georgian population of Abkhazia were deprived the right to return, and those who remained were subjected to systematic ethnic cleansing . Ardzinba aroused some further criticism from the international community after issuing a decree banning Jehovah's Witnesses in 1995. During
381-443: A per se action: If the plaintiff proves that such a statement was made and was false, to recover damages the plaintiff need only prove that someone had made the statement to any third party. No proof of special damages is required. However, to recover full compensation a plaintiff should be prepared to prove actual damages. As with any defamation case, truth remains an absolute defence to defamation per se . This means that even if
508-419: A case the truth of the statements was no justification for the public and insulting manner in which they had been made, but, even in public matters, the accused had the opportunity to justify his actions by openly stating what he considered necessary for public safety to be denounced by the libel and proving his assertions to be true. The second head included defamatory statements made in private, and in this case
635-466: A child with a Christian man, and that this act was common. Following Osborne's anti-Semitic publication, several Jews were attacked. Initially, the judge seemed to believe the court could do nothing since no individual was singled out by Osborne's writings. However, the court concluded that "since the publication implied the act was one Jews frequently did, the whole community of Jews was defamed." Though various reports of this case give differing accounts of
762-639: A common front against all our enemies. We are not planning to pursue anyone. Enough shake-ups. Raul Khajimba is my younger friend, he is my younger brother, and we will work together." Afterwards, control over the Presidential building was handed over to the police, as Bagapsh's supporters retreated to the surrounding area which they continued to guard with a few dozen people. The taking of the Presidential building by Bagapsh's supporters split government's opinions. President Ardzinba and Prime Minister Khashba condemned it as "an armed coup", and Khashba refused to enter
889-761: A commoner in England was known as libel or slander, the defamation of a member of the English aristocracy was called scandalum magnatum, literally "the scandal of magnates". Following the Second World War and with the rise of contemporary international human rights law , the right to a legal remedy for defamation was included in Article 17 of the United Nations International Covenant on Civil and Political Rights (ICCPR), which states that: This implies
1016-406: A criminal offence and provide for penalties as such. Article 19 , a British free expression advocacy group, has published global maps charting the existence of criminal defamation law across the globe, as well as showing countries that have special protections for political leaders or functionaries of the state. There can be regional statutes that may differ from the national norm. For example, in
1143-408: A defamation action typically requires that a plaintiff claiming defamation prove that the defendant: Additionally, American courts apply special rules in the case of statements made in the press concerning public figures, which can be used as a defence. While plaintiff alleging defamation in an American court must usually prove that the statement caused harm, and was made without adequate research into
1270-459: A famous trademark has been diluted through tarnishment, see generally trademark dilution , " intentional interference with contract ", and "negligent misrepresentation". In America, for example, the unique tort of false light protects plaintiffs against statements which are not technically false but are misleading. Libel and slander both require publication. Although laws vary by state; in America,
1397-709: A far higher difficulty. In fact, the initial protocol prepared by the Language Commission had stated that Ankvab's command of the Abkhaz language was excellent, but this protocol had mysteriously disappeared. Chairman of the CEC, Sergei Smyr had then insisted that the second draft of the protocol should state that Ankvab's proficiency could not be established, because he had not been fully tested. Language Commission chairman Aleksei Kaslandzia testified that Smyr had gone so far as to threaten him with litigation should he not comply. After
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#17328561183521524-458: A humiliating or degrading manner), et cetera. "Fama" is a generic term referring to reputation and actio iniuriarum pertaining to it encompasses defamation more broadly Beyond simply covering actions that fall within the broader concept of defamation, "actio iniuriarum" relating to infringements of a person's corpus provides civil remedies for assaults, acts of a sexual or indecent nature, and 'wrongful arrest and detention'. In Scots law , which
1651-434: A libel case in an American court, the statement must have been published knowing it to be false or with reckless disregard to its truth (i.e. actual malice ). The Associated Press estimates that 95% of libel cases involving news stories do not arise from high-profile news stories, but "run of the mill" local stories like news coverage of local criminal investigations or trials, or business profiles. An early example of libel
1778-498: A long history stretching back to classical antiquity. While defamation has been recognized as an actionable wrong in various forms across historical legal systems and in various moral and religious philosophies, defamation law in contemporary legal systems can primarily be traced back to Roman and early English law. Roman law was aimed at giving sufficient scope for the discussion of a man's character, while it protected him from needless insult and pain. The remedy for verbal defamation
1905-461: A person that is included in a personal database and that one knows to be false, is punished with six months to three years in prison. When there is harm to somebody, penalties are aggravated by an extra half (Article 117 bis, §§ 2nd and 3rd). Defamation law in Australia developed primarily out of the English law of defamation and its cases, though now there are differences introduced by statute and by
2032-584: A political party between 4 and 23 August 2004. The nominees then had time until 18:00 local time on 23 August to register their candidacy with the Central Election Commission by submitting the required papers, and at least 2000 (but not more than 2500) signatures supporting their candidacy. In order for their candidacy to be accepted, nominees had to pass an Abkhaz language test, and to satisfy a residency requirement – they had to have lived in Abkhazia for
2159-558: A provably false factual connotation. Subsequent state and federal cases have addressed defamation law and the Internet. American defamation law is much less plaintiff-friendly than its counterparts in European and the Commonwealth countries . A comprehensive discussion of what is and is not libel or slander under American law is difficult, as the definition differs between different states and
2286-621: A right to legal protection against defamation; however, this right co-exists with the right to freedom of opinion and expression under Article 19 of the ICCPR as well as Article 19 of the Universal Declaration of Human Rights . Article 19 of the ICCPR expressly provides that the right to freedom of opinion and expression may be limited so far as it is necessary "for respect of the rights or reputations of others". Consequently, international human rights law provides that while individuals should have
2413-533: A second round. On 12 October Abkhazia's Supreme Court, after a series of contradictory decisions by the Electoral Committee, recognized that the new president would be businessman Sergei Bagapsh , accused by his rival's supporters of being pro-Georgian. (Georgia did not recognize any separatist candidates or even the elections). Abkhazia's outgoing President Ardzinba claimed the decision was illegal and made under pressure from supporters of Bagapsh. The decision
2540-430: A statement, even if truthful, intended to harm the claimant out of malice; some have a separate tort or delict of " invasion of privacy " in which the making of a true statement may give rise to liability: but neither of these comes under the general heading of "defamation". The tort of harassment created by Singapore's Protection from Harassment Act 2014 is an example of a tort of this type being created by statute. There
2667-499: Is 'little historical basis in Scots law for the kind of structural difficulties that have restricted English law' in the development of mechanisms to protect so-called 'rights of personality'. The actio iniuriarum heritage of Scots law gives the courts scope to recognise, and afford reparation in, cases in which no patrimonial (or 'quasi-patrimonial') 'loss' has occurred, but a recognised dignitary interest has nonetheless been invaded through
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#17328561183522794-465: Is 40,000 ALL to three million ALL (c. $ 25 100 ). In addition, defamation of authorities, public officials or foreign representatives (Articles 227, 239 to 241) are separate crimes with maximum penalties varying from one to three years of imprisonment. In Argentina , the crimes of calumny and injury are foreseen in the chapter "Crimes Against Honor" (Articles 109 to 117-bis) of the Penal Code. Calumny
2921-460: Is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions that are falsifiable , and can extend to concepts that are more abstract than reputation – like dignity and honour . In the English-speaking world,
3048-417: Is also, in almost all jurisdictions, a tort or delict of " misrepresentation ", involving the making of a statement that is untrue even though not defamatory. Thus a surveyor who states a house is free from risk of flooding has not defamed anyone, but may still be liable to someone who purchases the house relying on this statement. Other increasingly common claims similar to defamation in U.S. law are claims that
3175-553: Is clear and accessible to everyone", 2) "proven to be necessary and legitimate to protect the rights or reputations of others", and 3) "proportionate and the least restrictive to achieve the purported aim". This test is analogous to the Oakes Test applied domestically by the Supreme Court of Canada in assessing whether limitations on constitutional rights are "demonstrably justifiable in a free and democratic society" under Section 1 of
3302-431: Is closely related to Roman Dutch law, the remedy for defamation is similarly the actio iniuriarium and the most common defence is "veritas" (i.e. proving the truth of otherwise defamatory statement). Defamation falls within the realm of non-patrimonial (i.e. dignitary) interests. The Scots law pertaining to the protection of non-patrimonial interests is said to be 'a thing of shreds and patches'. This notwithstanding, there
3429-544: Is defined as "the false imputation to a determined person of a concrete crime that leads to a lawsuit" (Article 109). However, expressions referring to subjects of public interest or that are not assertive do not constitute calumny. Penalty is a fine from 3,000 to 30,000 pesos . He who intentionally dishonor or discredit a determined person is punished with a penalty from 1,500 to 20,000 pesos (Article 110). He who publishes or reproduces, by any means, calumnies and injuries made by others, will be punished as responsible himself for
3556-558: Is further affected by federal law. Some states codify what constitutes slander and libel together, merging the concepts into a single defamation law. New Zealand received English law with the signing of the Treaty of Waitangi in February 1840. The current Act is the Defamation Act 1992 which came into force on 1 February 1993 and repealed the Defamation Act 1954 . New Zealand law allows for
3683-592: Is likely that Indian courts would treat this principle as persuasive precedent. Recently, incidents of defamation in relation to public figures have attracted public attention. The origins of U.S. defamation law pre-date the American Revolution . Though the First Amendment of the American Constitution was designed to protect freedom of the press, it was primarily envisioned to prevent censorship by
3810-755: Is more controversial as it involves the state expressly seeking to restrict freedom of expression . Human rights organisations, and other organisations such as the Council of Europe and Organization for Security and Co-operation in Europe , have campaigned against strict defamation laws that criminalise defamation. The freedom of expression advocacy group Article 19 opposes criminal defamation, arguing that civil defamation laws providing defences for statements on matters of public interest are better compliant with international human rights law. The European Court of Human Rights has placed restrictions on criminal libel laws because of
3937-545: Is no need to prove that specific damage or loss has occurred. However, Section 6 of the Act allows for a defamation action brought by a corporate body to proceed only when the body corporate alleges and proves that the publication of the defamation has caused or is likely to cause pecuniary loss to that body corporate. As is the case for most Commonwealth jurisdictions, Canada follows English law on defamation issues (except in Quebec where
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4064-401: Is not defamation. While defamation torts are broadly similar across common law jurisdictions; differences have arisen as a result of diverging case law, statutes and other legislative action, and constitutional concerns specific to individual jurisdictions. Some jurisdictions have a separate tort or delict of injury , intentional infliction of emotional distress , involving the making of
4191-409: Is often purchased by publishers and journalists to cover potential damage awards from libel lawsuits. Roughly 3/4 of all money spent on claims by liability insurers goes to lawyers and only 1/4 goes to settlements or judgments, according to one estimate from Michelle Worrall Tilton of Media Risk Consultants. Some advise buying worldwide coverage that offers defense against cases regardless of where in
4318-455: Is that of truth. Proving the truth of an allegedly defamatory statement is always a valid defence. Where a statement is partially true, certain jurisdictions in the Commonwealth have provided by statute that the defence "shall not fail by reason only that the truth of every charge is not proved if the words not proved to be true do not materially injure the claimant's reputation having regard to
4445-499: Is the case of John Peter Zenger in 1735. Zenger was hired to publish the New York Weekly Journal . When he printed another man's article criticising William Cosby , the royal governor of Colonial New York , Zenger was accused of seditious libel . The verdict was returned as not guilty on the charge of seditious libel, because it was proven that all the statements Zenger had published about Cosby had been true, so there
4572-492: Is typically regarded as a tort for which the offended party can take civil action . The range of remedies available to successful plaintiffs in defamation cases varies between jurisdictions and range from damages to court orders requiring the defendant to retract the offending statement or to publish a correction or an apology. Modern defamation in common law jurisdictions are historically derived from English defamation law . English law allows actions for libel to be brought in
4699-521: The California Code of Civil Procedure and Ontario's Protection of Public Participation Act do so by enabling defendants to make a special motion to strike or dismiss during which discovery is suspended and which, if successful, would terminate the lawsuit and allow the party to recover its legal costs from the plaintiff. There are a variety of defences to defamation claims in common law jurisdictions. The two most fundamental defences arise from
4826-634: The Canadian Charter of Rights and Freedoms , the " necessary in a democratic society " test applied by the European Court of Human Rights in assessing limitations on rights under the ECHR, Section 36 of the post- Apartheid Constitution of South Africa , and Section 24 of the 2010 Constitution of Kenya. Nevertheless, the worldwide use of criminal and civil defamation , to censor, intimidate or silence critics, has been increasing in recent years. In 2011,
4953-444: The Commonwealth of Independent States , America, and Canada. Questions of group libel have been appearing in common law for hundreds of years. One of the earliest known cases of a defendant being tried for defamation of a group was the case of R v Orme and Nutt (1700). In this case, the jury found that the defendant was guilty of libeling several subjects, though they did not specifically identify who these subjects were. A report of
5080-658: The Soviet Union in 1989. On 4 December 1990, Ardzinba was elected Chairman of the Supreme Soviet of Abkhazia. Ardzinba, who was a charismatic but excitable figure popular among the Abkhaz, was believed by Georgians to have helped to instigate the violence of July 1989 . Ardzinba managed to consolidate his power relatively quickly and reneged on pre-election promises to increase the representation of Georgians in Abkhazia's autonomous structures; since then, Ardzinba tried to rule Abkhazia relatively single-handedly, but avoided, for
5207-457: The Supreme Court of Canada rejected the actual malice test adopted in the US case New York Times Co. v. Sullivan . Once a claim has been made, the defendant may avail themselves of a defence of justification (the truth), fair comment, responsible communication, or privilege. Publishers of defamatory comments may also use the defence of innocent dissemination where they had no knowledge of the nature of
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5334-576: The United Nations Human Rights Committee published their General comment No. 34 (CCPR/C/GC/34) – regarding Article 19 of the ICCPR. Paragraph 47 states: Defamation laws must be crafted with care to ensure that they comply with paragraph 3 [of Article 19 of the ICCPR], and that they do not serve, in practice, to stifle freedom of expression. All such laws, in particular penal defamation laws, should include such defences as
5461-401: The defence of truth and they should not be applied with regard to those forms of expression that are not, of their nature, subject to verification. At least with regard to comments about public figures , consideration should be given to avoiding penalizing or otherwise rendering unlawful untrue statements that have been published in error but without malice. In any event, a public interest in
5588-453: The Abkhazian constitution since Khajimba was participating in the elections, his premiership was temporarily suspended by President Ardzinba, his duties to be performed by first Deputy Prime Minister Astamur Tarba. Corresponding to election law, each candidate received five bits of free air time on national television, of which four live and one prerecorded. The broadcasting slots of these items
5715-476: The Dutch Caribbean) gives rise to a claim by way of " actio iniuriarum ". For liability under the actio iniuriarum , the general elements of delict must be present, but specific rules have been developed for each element. Causation, for example, is seldom in issue, and is assumed to be present. The elements of liability under the actio iniuriarum are as follows: Under the actio iniuriarum , harm consists in
5842-549: The Gali district. Head of the Club for Promoting Political Participation of Voters Nikolai Timakov declared in a press conference that elections had in general been organised well, and that the minor violations witnessed would not affect the outcome of the elections. Timakov reported that in the polling stations inspected by the club, members of the law enforcement agencies ensured the safety of voters and that voter lists as well as excerpts from
5969-578: The Georgian-Abkhaz tensions rose, Ardzinba's rhetoric mounted, as he claimed in late July 1992 that "Abkhazia is strong enough to fight Georgia." In August 1992, a Georgian military force ousted Ardzinba and his group from Sukhumi when Abkhazian militants seized government buildings. They took shelter in Gudauta , a home to the Soviet-era Russian military base. Ardzinba benefited from his contacts with
6096-525: The High Court for any published statements alleged to defame a named or identifiable individual or individuals (under English law companies are legal persons, and allowed to bring suit for defamation ) in a manner that causes them loss in their trade or profession, or causes a reasonable person to think worse of them. In contemporary common law jurisdictions, to constitute defamation, a claim must generally be false and must have been made to someone other than
6223-714: The Institute of Oriental Studies in Moscow, and later Russian foreign and Prime Minister . He then returned to Sukhumi and he served there as the director of the Abkhazian Institute of Language, Literature and History from 1987 until 1989, when he was elected a Deputy to the Supreme Soviet of the Soviet Union from Gudauta . From there, he was involved closely with national issues, including Abkhazia, and quickly emerged as one of
6350-580: The Party's sixth extraordinary congress on 18 August to officially nominate Lakoba was not unanimous: the Gagra and Gudauta branches thought it wiser to support Alexander Ankvab's nomination. Vice President Valery Arshba ran independently for president, with Vice Speaker of Parliament Alexander Stranichkin as running mate. On 31 August, in his capacity of vice president, Arshba called on local authorities to uphold election law and enable fair elections. Arshba's registration
6477-465: The Presidential building. During the day, Bagapsh and Khajimba met twice, first in the Galereya café and at 3pm again for about ten minutes. After the second meeting, Bagapsh told his supporters that no compromise had been reached but that dialogue would continue. Following this, his supporters expressed their dissatisfaction about the lack of progress, the crowd broke up into two parts that then moved towards
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#17328561183526604-639: The Presidential building. The supporters of Khajimba present at the site, moved back and some brawls broke out. In the meantime, Khajimba and Prime Minister Khashba left the building through the back door. As Bagapsh's supporters moved into the building, they encountered guards who fired warning shots into the air. The ricochets injured two of Bagapsh's supporters and mortally wounded the 78 years old Tamara Shakryl , an academic and human rights campaigner who supported Khajimba. She died in hospital 3 hours later, her relatives blamed Prime Minister Khashba for her death. First Deputy Prime Minister Astamur Tarba then ordered
6731-476: The Republican Party "Apsny", which supported Khadjimba's nomination, issued a statement in which it warned that Georgia might try to influence the elections. United Abkhazia planned to present former Prime Minister Sergei Bagapsh and former Minister for Foreign Affairs Sergei Shamba as presidential and vice presidential candidates, with the order still to be determined, and former mayor of Sukhumi Nodar Khashba
6858-458: The Russian authorities. Khadjimba's main opponent was Sergei Bagapsh , who was supported by the two major opposition parties, United Abkhazia and Amtsakhara , and later also by Aitaira when their candidate Alexander Ankvab was barred from running in a controversial decision by the Central Election Commission. Bagapsh won in the first round with just over 50% of the vote. However, the results of
6985-547: The Russian hardliner circles and military leaders to garner critical support in the war against the Georgian government. After the hostilities ended in 1994 and the bulk of the Georgian population was forced out of Abkhazia, the Abkhazian parliament elected Ardzinba to the presidency, a move that was condemned by Georgia and the United Nations as illegal. He won the first direct polls on 3 October 1999, without an opponent and
7112-526: The United States, criminal defamation is generally limited to the living. However, there are 7 states ( Idaho , Kansas , Louisiana , Nevada , North Dakota , Oklahoma , Utah ) that have criminal statutes regarding defamation of the dead. The Organization for Security and Co-operation in Europe (OSCE) has also published a detailed database on criminal and civil defamation provisions in 55 countries, including all European countries, all member countries of
7239-464: The building on Monday 15 November in protest of the continued presence of armed supporters of Bagapsh. The actions were also condemned by Alexander Yakovenko , spokesman for the Russian Ministry for Foreign Affairs, who described them as "an attempt at forcefully seizing power by the supporters of one presidential candidate", denouncing it as "illegal, forceful actions" and warning that it threatened
7366-520: The cabinet and the general public were invited, the Parliament set the date for the elections to be 3 October 2004. At the time of the elections, the Republican Party "Apsny" was the main pro-governmental party, and there were four active opposition movements, Aitaira, United Abkhazia, Amtsakhara and the People's Party. Prospective candidates had to be nominated by an interest group, a socio-political group or
7493-435: The calumnies and injuries whenever its content is not correctly attributed to the corresponding source. Exceptions are expressions referring to subjects of public interest or that are not assertive (see Article 113). When calumny or injury are committed through the press, a possible extra penalty is the publication of the judicial decision at the expenses of the guilty (Article 114). He who passes to someone else information about
7620-412: The case told that the jury believed that "where a writing ... inveighs against mankind in general, or against a particular order of men, as for instance, men of the gown, this is no libel, but it must descend to particulars and individuals to make it libel." This jury believed that only individuals who believed they were specifically defamed had a claim to a libel case. Since the jury was unable to identify
7747-599: The country by elevating the fault element for public officials to actual malice – that is, public figures could win a libel suit only if they could demonstrate the publisher's "knowledge that the information was false" or that the information was published "with reckless disregard of whether it was false or not". Later the Supreme Court held that statements that are so ridiculous to be clearly not true are protected from libel claims, as are statements of opinion relating to matters of public concern that do not contain
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#17328561183527874-539: The crime, this report clearly shows a ruling based on group libel. Since laws restricting libel were accepted at this time because of its tendency to lead to a breach of peace, group libel laws were justified because they showed potential for an equal or perhaps greater risk of violence. For this reason, group libel cases are criminal even though most libel cases are civil torts. In a variety of Common Law jurisdictions, criminal laws prohibiting protests at funerals, sedition , false statements in connection with elections, and
8001-471: The criminal law should only be countenanced in the most serious of cases and imprisonment is never an appropriate penalty. It is impermissible for a State party to indict a person for criminal defamation but then not to proceed to trial expeditiously – such a practice has a chilling effect that may unduly restrict the exercise of freedom of expression of the person concerned and others. While each legal tradition approaches defamation differently, it
8128-527: The defences of absolute and qualified privilege, fair comment, and justification. While statutory law in the United Kingdom provides that, if the defendant is only successful in proving the truth of some of the several charges against him, the defence of justification might still be available if the charges not proved do not materially injure the reputation, there is no corresponding provision in India, though it
8255-421: The doctrine in common law jurisdictions that only a false statement of fact (as opposed to opinion) can be defamatory. This doctrine gives rise to two separate but related defences: opinion and truth. Statements of opinion cannot be regarded as defamatory as they are inherently non-falsifiable. Where a statement has been shown to be one of fact rather than opinion, the most common defence in common law jurisdictions
8382-452: The election law and posters of all the candidates had been attached to the walls. According to the original results published by Central Election Committee published in October, Khadjimba won the election with more than a 52% of the votes. According to the official results, Bagapsh received 50.08% of all votes cast (including invalid votes), narrowly crossing the 50% threshold required to avoid
8509-454: The elections were heavily contested, with Khadjimba claiming that he had received the most votes and that a run-off was necessary. The Central Election Commission issued several conflicting rulings and the stand-off lasted for two months until on 5 December, Bagapsh and Khadjimba agreed to share power as President and Vice President respectively. On 14 July, during a session to which also Vice President Valery Arshba, Prime Minister Raul Khajimba,
8636-419: The end of his term, so no serious steps were taken to bring it about. He was unable to run for a third term due to constitutional restrictions, and it is unlikely that his health would have enabled him to do so even if this was allowed. He was replaced by Sergei Bagapsh , the winner of the presidential election of 12 January 2005 held one month after the contested 2004 election . By 2010, Ardzinba's health
8763-532: The exact people who were being defamed, there was no cause to identify the statements were a libel. Another early English group libel which has been frequently cited is King v. Osborne (1732). In this case, the defendant was on trial "for printing a libel reflecting upon the Portuguese Jews". The printing in question claimed that Jews who had arrived in London from Portugal burned a Jewish woman to death when she had
8890-430: The first few decades of the twenty first century, the phenomenon of strategic lawsuits against public participation has gained prominence in many common law jurisdictions outside Singapore as activists, journalists, and critics of corporations, political leaders, and public figures are increasingly targeted with vexatious defamation litigation. As a result, tort reform measures have been enacted in various jurisdictions;
9017-566: The following day, the day before the elections. Election law forbade candidates to campaign on 3 October, the day of the presidential elections. The 190 polling stations opened 8:00 local time. In the afternoon Chief of the Central Election Commission Sergei Smyr announced that more than 120,000 voters had been registered and that by 13:00, more than 40% had voted. Head of the Gali district administration Yuri Kvekveskiri announced that there were no more than 15,000 voters in
9144-402: The following remedies in an action for defamation: compensatory damages; an injunction to stop further publication; a correction or a retraction; and in certain cases, punitive damages. Section 28 of the Act allows for punitive damages only when a there is a flagrant disregard of the rights of the person defamed. As the law assumes that an individual suffers loss if a statement is defamatory, there
9271-517: The freedom of expression provisions of the European Convention on Human Rights. One notable case was Lingens v. Austria (1986). According to the Criminal Code of Albania , defamation is a crime. Slandering in the knowledge of falsity is subject to fines of from 40 000 ALL (c. $ 350) to one million ALL (c. $ 8350 ). If the slandering occurs in public or damages multiple people, the fine
9398-438: The grounds that the constitution did not provide for this. On 28 August, head of State Security Service Mikhail Tarba said that Aitaira chairman Leonid Lakerbaia had breached the law by calling for an overthrow of power if necessary. In turn, Lakerbaia denied having made the statement and declared that he would initiate a defamation action against Tarba. On 2 September, the central election commission announced that it rejected
9525-560: The guards and special forces nearby to stand down, which left the Presidential building under control of Bagapsh's supporters. After a short celebration with liquor found inside the building, most of them left again, leaving just guards at the offices. At 5pm, Bagapsh arrived in the palace accompanied by Khajimba, and the two held a half-hour meeting in the Prime Minister's office. After the meeting, Khajimba left and Bagapsh addressed his supporters, stating: "We are one people and we will make
9652-498: The infringement of a personality right, either "corpus", "dignitas", or "fama". Dignitas is a generic term meaning 'worthiness, dignity, self-respect', and comprises related concerns like mental tranquillity and privacy. Because it is such a wide concept, its infringement must be serious. Not every insult is humiliating; one must prove contumelia . This includes insult ( iniuria in the narrow sense), adultery, loss of consortium, alienation of affection, breach of promise (but only in
9779-412: The last 5 years before the election date. A total of nine people were nominated, of which seven registered their candidacy. On 2 September the Central Election Commission announced that the registration of six candidates had been approved., but 3 September one candidate withdrew. The five candidates that participated in the elections are, in order of nomination: There was one candidate whose registration
9906-463: The last years of his presidency Ardzinba faced criticism for both failing to bring stability to Abkhazia and his increasingly low public profile. He had not appeared in public since 2002. As a result, the role of governing the state had been increasingly left to Prime Minister Raul Khajimba . He had been in extremely poor health and underwent treatment in Moscow for some time. Despite increasing calls from
10033-505: The law of defamation traditionally distinguishes between libel (written, printed, posted online, published in mass media) and slander (oral speech). It is treated as a civil wrong ( tort , delict ), as a criminal offence , or both. Defamation and related laws can encompass a variety of acts (from general defamation and insult – as applicable to every citizen – to specialized provisions covering specific entities and social structures): Defamation law has
10160-474: The like, then it is slander. In contrast, libel encompasses defamation by written or printed words, pictures, or in any form other than spoken words or gestures. The law of libel originated in the 17th century in England. With the growth of publication came the growth of libel and development of the tort of libel. The highest award in an American defamation case, at US$ 222.7 million was rendered in 1997 against Dow Jones in favour of MMAR Group Inc; however,
10287-536: The matter, where it was suggested the party might support Sergei Bagapsh should the Supreme Court not rule in its favour. Among the guests who addressed the congress were Sergei Bagapsh, acting Prime Minister Astamur Tarba, chairman of the Central Election Commission Sergei Smyr and Chairman of the Language Commission Aleksei Kaslandzia. On 10 September The Supreme Court upheld the Central Election Commission's decision to bar Alexander Ankvab from
10414-492: The memberships of Minister for Foreign Affairs Sergei Shamba, who had founded and become head of the Social-Democratic Party of Abkhazia, of former Prime Minister Nodar Khashba, of former Deputy Prime Minister Viktor Khilchevsky and of member of Parliament Albert Kapikian. Vladislav Ardzinba Vladislav Ardzinba ( Abkhaz : Владислав Арӡынба , Georgian : ვლადისლავ არძინბა ; 14 May 1945 – 4 March 2010)
10541-530: The most active proponents of the Abkhaz secessionist cause. While a deputy to the USSR Supreme Soviet, Ardzinba forged close ties with the hardliners in Moscow, particularly with the parliamentary chairman Anatoly Lukyanov and other members of the hardline communist groups in Moscow that were responsible for the August 1991 coup attempt. He was a member of the first parliament to be elected democratically in
10668-514: The offence was constituted by the unnecessary act of shouting. According to Ulpian , not all shouting was actionable. Drawing on the argument of Labeo , he asserted that the offence consisted in shouting contrary to the morals of the city (" adversus bonos mores huius civitatis ") something apt to bring in disrepute or contempt (" quae... ad infamiam vel invidiam alicuius spectaret ") the person exposed thereto. Any act apt to bring another person into disrepute gave rise to an actio injurarum . In such
10795-403: The offense lay in the content of the imputation, not in the manner of its publication. The truth was therefore a sufficient defense, for no man had a right to demand legal protection for a false reputation. In Anglo-Saxon England , whose legal tradition is the predecessor of contemporary common law jurisdictions, slander was punished by cutting out the tongue. Historically, while defamation of
10922-546: The opposition (particularly the Amtsakhara movement) for him to resign he had stated that he would finish his term, which was supposed to end in October 2004, but in fact did not end until 12 February 2005, due to disputes over the election of his successor. There were also calls for him to be impeached. However, although the Abkhaz Constitution allows for impeachment, the process would likely have not been completed before
11049-737: The parliament's building. Outgoing president Ardzinba replaced Raul Khadjimba as a prime-minister with Nodar Khashba , who, before this appointment served in the Ministry of Extraordinary Situations. On 11 November, both Bagapsh and Khajimba met for around three hours with Ardzinba. According to Daur Tarba , member of Bagapsh's election team, Ardzinba initially agreed with Khajimba that the elections should be held again, but changed his mind when Bagapsh offered Khajimba "a very high post" in his future government. On Friday 12 November, around 10,000 supporters of Sergei Bagapsh gathered on Freedom Square, and around 500 supporters of Raul Khajimba gathered next to
11176-433: The person defamed. Some common law jurisdictions distinguish between spoken defamation, called slander , and defamation in other media such as printed words or images, called libel . The fundamental distinction between libel and slander lies solely in the form in which the defamatory matter is published. If the offending material is published in some fleeting form, such as spoken words or sounds, sign language, gestures or
11303-432: The presidential candidates Sergei Bagapsh and Raul Khadjimba agreed to hold new elections . In these elections they would run on a joint ticket, with Khadjimba as vice presidential candidate. The new elections were won by Bagapsh. These elections were not recognized by any State and International Organizations. On 2 June 2005, United Abkhazia held its third party conference. The socio-political movement decided to revoke
11430-403: The presidential elections. The court agreed with Ankvab and Aitaira that the CEC had failed to demonstrate that Ankvab had failed the residence requirements, but it also ruled that the CEC had been right to exclude Ankvab on the grounds that he had not taken the written language test. Even if this test went against the constitution, the law being the law Ankvab should have complied with it. During
11557-448: The private law is derived from French civil law). In common law provinces and territories, defamation covers any communication that tends to lower the esteem of the subject in the minds of ordinary members of the public. Probably true statements are not excluded, nor are political opinions. Intent is always presumed, and it is not necessary to prove that the defendant intended to defame. In Hill v. Church of Scientology of Toronto (1995),
11684-485: The proceedings, Chairman of the Language Commission Aleksei Kaslandzia testified that Ankvab did in fact have an excellent command of Abkhaz. He had spoken with the Commission's members in Abkhaz for 2 hours and 5 minutes, where just over half an hour is normal. He had not read the provided reading material, but had at one point started to read from and discuss the newspaper Respublika Abkhazia, which Kaslandzia judged to be of
11811-730: The publication of defamatory books and writings, the libri or libelli famosi , from which is derived the modern use of the word libel ; and under the later emperors the latter term came to be specially applied to anonymous accusations or pasquils , the dissemination of which was regarded as particularly dangerous, and visited with very severe punishment, whether the matters contained in them were true or false. The Praetorian Edict, codified circa AD 130, declared that an action could be brought up for shouting at someone contrary to good morals: " qui, adversus bonos mores convicium cui fecisse cuiusve opera factum esse dicitur, quo adversus bonos mores convicium fieret, in eum iudicium dabo. " In this case,
11938-412: The registration of Aitaira's candidate Alexander Ankvab on the grounds that he had not lived the whole past five years in Abkhazia and that his proficiency in the Abkhaz language could not be established completely. On 3 September Aitaira petitioned the Central Election Commission to reverse this decision, and it appealed the Supreme Court to overrule the Central Election Commission. It contested that Ankvab
12065-496: The reputation or rights of others. Additionally, restrictions of freedom of expression and other rights guaranteed by international human rights laws (including the European Convention on Human Rights (ECHR)) and by the constitutions of a variety of countries are subject to some variation of the three-part test recognised by the United Nations Human Rights Committee which requires that limitations be: 1) "provided by law that
12192-458: The right to a legal remedy for defamation, this right must be balanced with the equally protected right to freedom of opinion and expression. In general, ensuring that domestic defamation law adequately balances individuals' right to protect their reputation with freedom of expression and of the press entails: In most of Europe, article 10 of the European Convention on Human Rights permits restrictions on freedom of speech when necessary to protect
12319-519: The ruling by the Supreme Court, Aitaira entered into an election alliance with United Abkhazia, Amtsakhara and the Federation of Independent Trade Unions, supporting Sergei Bagapsh and Stanislav Lakoba, with the agreement that Alexander Ankvab would become Prime Minister should the bid be successful, the position originally projected for Nodar Khashba. The People's Party of Abkhazia put forward Iakub Lakoba as their presidential candidate. The decision during
12446-466: The stability in Abkhazia and across the region as a whole. In contrast, more than half of government staff did show up for work 15 November, among whom Vice President Valery Arshba. Leader of Aitaira Leonid Lakerbaia denied that a coup had taken place – no one had seized power, since Bagapsh had been elected President, confirmed by both the Electoral Commission and the Supreme Court. On 5 December
12573-483: The state rather than defamation suits; thus, for most of American history, the Supreme Court did not interpret the First Amendment as applying to libel cases involving media defendants. This left libel laws, based upon the traditional common law of defamation inherited from the English legal system, mixed across the states. The 1964 case New York Times Co. v. Sullivan dramatically altered the nature of libel law in
12700-533: The statement is true or is a statement of fact, it does not actually harm someone's reputation. It is also necessary in these cases to show that there is a well-founded public interest in the specific information being widely known, and this may be the case even for public figures . Public interest is generally not "what the public is interested in", but rather "what is in the interest of the public". Other defences recognised in one or more common law jurisdictions include: Media liability or defamation insurance
12827-451: The statement was defamatory. In an action for defamation per se , the law recognises that certain false statements are so damaging that they create a presumption of injury to the plaintiff's reputation, allowing a defamation case to proceed to verdict with no actual proof of damages. Although laws vary by state, and not all jurisdictions recognise defamation per se , there are four general categories of false statement that typically support
12954-539: The statement would be considered defamatory per se if false, if the defendant establishes that it is in fact true, an action for defamation per se cannot survive. The conception of what type of allegation may support an action for defamation per se can evolve with public policy. For example, in May 2012 an appeals court in New York, citing changes in public policy with regard to homosexuality , ruled that describing someone as gay
13081-399: The statement, it was not brought to their attention, and they were not negligent. Common law jurisdictions vary as to whether they permit corporate plaintiffs in defamation actions. Under contemporary Australian law, private corporations are denied the right to sue for defamation, with an exception for small businesses (corporations with less than 10 employees and no subsidiaries); this rule
13208-417: The subject matter of the criticism should be recognized as a defence. Care should be taken by States parties to avoid excessively punitive measures and penalties. Where relevant, States parties should place reasonable limits on the requirement for a defendant to reimburse the expenses of the successful party. States parties should consider the decriminalization of defamation and, in any case, the application of
13335-540: The time being, overt conflict with the central authorities in Tbilisi . In mid-1991, he negotiated and accepted the Georgian concession on the reform of the electoral law that granted the Abkhaz wide over-representation in the Supreme Soviet. However, Ardzinba created the Abkhazian National Guard that was mono-ethnically Abkhaz, and initiated a practice of replacing ethnic Georgians in leading positions with Abkhaz. As
13462-454: The truth of the remaining charges". Similarly, the American doctrine of substantial truth provides that a statement is not defamatory if it has "slight inaccuracies of expression" but is otherwise true. Since a statement can only be defamatory if it harms another person's reputation, another defence tied to the ability of a statement to be defamatory is to demonstrate that, regardless of whether
13589-413: The truthfulness of the statement; where the plaintiff is a celebrity or public official, they must additionally prove that the statement was made with actual malice (i.e. the intent to do harm or with reckless disregard for the truth). A series of court rulings led by New York Times Co. v. Sullivan , 376 U.S. 254 (1964) established that for a public official (or other legitimate public figure) to win
13716-543: The use of profanity in public, are also often used in contexts similar to criminal libel actions. The boundaries of a court's power to hold individuals in "contempt of court" for what amounts to alleged defamatory statements about judges or the court process by attorneys or other people involved in court cases is also not well established in many common law countries. While defamation torts are less controversial as they ostensibly involve plaintiffs seeking to protect their right to dignity and their reputation, criminal defamation
13843-602: The verdict was dismissed in 1999 amid allegations that MMAR failed to disclose audiotapes made by its employees. In common law jurisdictions, civil lawsuits alleging defamation have frequently been used by both private businesses and governments to suppress and censor criticism. A notable example of such lawsuits being used to suppress political criticism of a government is the use of defamation claims by politicians in Singapore's ruling People's Action Party to harass and suppress opposition leaders such as J. B. Jeyaretnam . Over
13970-452: The world they are filed, since a compainant can look for a more favorable jurisdiction to file their claim. Investigative journalism usually requires higher insurance premiums, with some plans not covering investigative work altogether. Many common law jurisdictions recognise that some categories of statements are considered to be defamatory per se , such that people making a defamation claim for these statements do not need to prove that
14097-559: The wrongful conduct of the defender. For such reparation to be offered, however, the non-patrimonial interest must be deliberately affronted: negligent interference with a non-patrimonial interest will not be sufficient to generate liability. An actio iniuriarum requires that the conduct of the defender be 'contumelious' —that is, it must show such hubristic disregard of the pursuer's recognised personality interest that an intention to affront ( animus iniuriandi ) might be imputed. In addition to tort law, many jurisdictions treat defamation as
14224-750: Was a member of the first parliament to be elected democratically in the Soviet Union in 1989. Vladislav Ardzinba was born in the village of Lower Eshera , Sukhumi District , Abkhaz ASSR , Georgian SSR , Soviet Union . After graduating from the Historical Department of the Sukhumi Pedagogical Institute, Ardzinba studied at the Tbilisi State University where he received a doctoral degree . He then worked for eighteen years in Moscow specialising in ancient Middle Eastern civilizations under Yevgeniy Primakov , then head of
14351-507: Was accepted but who decided not to run anyway: There was one nominee whose registration was not accepted: There were two nominees who did not register their candidacy: Outgoing president Vladislav Ardzinba was by law prohibited from running for a third term, and his health would not have allowed him to either. Instead, the government's candidate for the presidential election was outgoing Prime Minister Khajimba. On 18 August, Ardzinba said in an interview with Respublika Abkhazia that Khajimba
14478-462: Was accepted, but a day later, on 3 December he announced that he withdrew from the race. Candidates could officially begin their election campaign after their registration had been accepted on 2 September. 18 August, a round table conference organised by Apsnypress and the Sukhum Media Club had adopted a set of ethical principals by journalists during the elections. On 31 August, as demanded by
14605-420: Was also nominated by an initiative group, but he did not register his candidacy, stating that he had been nominated without being consulted and that his registration would not stand a chance as he failed the five-year residency requirement. The presidential candidate for Aitaira was former Minister for Internal Affairs Alexander Ankvab. Ankvab refused to undergo the written Abkhaz language test mandated by law, on
14732-520: Was an Abkhaz historian and politician who served as the first de facto president of Abkhazia . Ardzinba led Abkhazia to de facto independence in the 1992–1993 War with Georgia , but its de jure independence from Georgia remained internationally unrecognised during Ardzinba's two terms as President from 1994 to 2005. His government orchestrated ethnic cleansing of Georgian civilians in Abkhazia in 1993. A noted specialist in Hittitology , he
14859-425: Was cancelled by the Supreme Court the night of the same day. When supporters of Raul Khadjimba seized the building of the Supreme Court and destroyed the protocols from local electoral constituencies new elections were prescribed. Soon the Supreme Court cancelled the later decision, and again named Bagapsh the new president. His supporters captured a local TV station, while Raul Khadjimba's supporters took control over
14986-532: Was determined by lot by the Central Election Commission. On 17 September, the People's Assembly invited the Russian Club for Promoting Political Participation of Voters to observe the upcoming elections. On 23 September, the Union of Volunteers from Kabardino-Balkaria expressed its support for Khajimba. On 1 October, the five presidential candidates debated live on national television, and they agreed not to campaign
15113-620: Was false, the court ruled in its favour, saying that libel of a public official requires proof of actual malice , which was defined as a "knowing or reckless disregard for the truth". Many jurisdictions within the Commonwealth (e.g. Singapore, Ontario, and the United Kingdom ) have enacted legislation to: Libel law in England and Wales was overhauled even further by the Defamation Act 2013 . Defamation in Indian tort law largely resembles that of England and Wales . Indian courts have endorsed
15240-594: Was in decline and had been for some time. Ardzinba died on 4 March 2010, at the age of 64. He was in the Central Clinical Hospital in Moscow at the time. He had been escorted there the previous week. The cause of death was not released to the public. He is survived by his wife and daughter. The President of Abkhazia, Sergei Bagapsh , paid tribute: "His service to the Abkhaz people was boundless". Three days of mourning were declared in Abkhazia in remembrance of Ardzinba. Defamation Defamation
15367-599: Was introduced by the state of New South Wales in 2003, and then adopted nationwide in 2006. By contrast, Canadian law grants private corporations substantially the same right to sue for defamation as individuals possess. Since 2013, English law charts a middle course, allowing private corporations to sue for defamation, but requiring them to prove that the defamation caused both serious harm and serious financial loss, which individual plaintiffs are not required to demonstrate. Defamation in jurisdictions applying Roman Dutch law (i.e. most of Southern Africa, Indonesia, Suriname, and
15494-423: Was long confined to a civil action for a monetary penalty, which was estimated according to the significance of the case, and which, although punitive in its character, doubtless included practically the element of compensation. But a new remedy was introduced with the extension of the criminal law, under which many kinds of defamation were punished with great severity. At the same time increased importance attached to
15621-452: Was not an issue of defamation. Another example of libel is the case of New York Times Co. v. Sullivan (1964). The Supreme Court of the United States overruled a state court in Alabama that had found The New York Times guilty of libel for printing an advertisement that criticised Alabama officials for mistreating student civil rights activists. Even though some of what The Times printed
15748-452: Was perfectly fluent in Abkhaz, but that the written language test contravened the constitution. Furthermore, Aitaira put forward that Ankvab had indeed resided in Abkhazia during the last five years, as demonstrated by Abkhazian documents and witnesses, but that the CEC had ignored these basing its decision solely on Russian documents showing that Ankvab also paid taxes there. On 9 September, Aitaira convened an extraordinary congress to discuss
15875-473: Was re-elected as president of Abkhazia. He installed an autocratic regime and remained politically untouchable until his health seriously deteriorated in 2003. He once stated that independence from Georgia is not negotiable, and he has tried to align the state with Russia, whose political and economic support was essential to the republic. As a leader of the Abkhaz side he met the two successive Russian presidents , Boris Yeltsin and Vladimir Putin , as well as
16002-568: Was the person most qualified to succeed him, and he appealed to all voters to vote for him. Khajimba also received the support of the Russian authorities. Russian President Vladimir Putin had worked for the KGB like Khajimba, and posters of the two together were hanging everywhere in Sukhumi . Deputies of Russia's parliament and Russian singers, led by Joseph Kobzon , both a deputy and a popular songster, came to Abkhazia campaigning for Khajimba. On 11 August,
16129-789: Was to become prime minister. At the same time, there were some in Amtsakhara who wanted to field former Prime Minister Anri Jergenia as presidential candidate. However, United Abkhazia and Amtsakhara then decided to enter into a political alliance. In an interview with the newspaper Amtsakhara in July, Sergei Bagapsh said that the murder of Garri Aiba had been one of the factors that brought them together. On 20 June, United Abkhazia and Amtsakhara announced that Sergei Bagapsh would be their presidential candidate, and Stanislav Lakoba their vice presidential candidate. Shamba and Jergenia, who had thus lost out, both decided to run for President independently. Nodar Khashba
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