Legal Definitions - criminal libel

Criminal libel refers to the act of publishing a false and defamatory statement about an individual or group, which is considered a crime against the state rather than solely a private wrong. Unlike civil libel, which typically seeks monetary damages for harm to reputation, criminal libel is prosecuted by the government and can result in fines or imprisonment. For a statement to constitute criminal libel, it often needs to be made with malicious intent and be likely to provoke a breach of the peace, incite public hatred, or expose someone to extreme contempt or ridicule.

Here are some examples illustrating criminal libel:

• Example 1: A local newspaper, driven by a vendetta, publishes a front-page story falsely accusing a prominent city council member of taking bribes from a construction company. The newspaper knows the accusation is baseless but prints it anyway, hoping to incite public outrage and protests that could disrupt city operations and potentially lead to violence against the council member.

  Explanation: This scenario illustrates criminal libel because a false and defamatory statement (taking bribes) is published with malicious intent (knowing it's baseless) and is likely to provoke public disorder or hatred against the council member, making it a matter for state prosecution rather than just a civil lawsuit for damages.

• Example 2: During a heated political campaign, a candidate's campaign manager distributes flyers throughout a neighborhood containing fabricated quotes attributed to the opposing candidate. These quotes falsely depict the opponent as advocating for highly unpopular and dangerous policies, with the explicit goal of inciting public anger and encouraging voters to harass the opponent at public events.

  Explanation: Here, false statements (fabricated quotes) are published and distributed with the intent to defame the opposing candidate and incite public anger, potentially leading to a breach of the peace or harassment. This malicious intent and the potential for public disturbance align with the elements of criminal libel.

• Example 3: An individual creates and widely shares a video online, falsely claiming that the owner of a popular local restaurant uses unsanitary practices, including handling food with bare hands after using the restroom, and showing doctored footage to support these claims. The video goes viral, leading to immediate boycotts, threats against the restaurant owner, and vandalism of the establishment, causing significant disruption and fear.

  Explanation: This is an example of criminal libel because a false and highly damaging statement (unsanitary practices with doctored evidence) is published online, exposing the restaurant owner to extreme public contempt and ridicule. The malicious intent behind creating and sharing the fabricated video, coupled with the resulting public unrest and threats, could lead to criminal charges.