新到周华文章错引了中国刑法上的“诽谤罪”


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送交者: Yush 于 2006-11-28, 11:56:34:

不过,中国刑法诽谤罪的客观要件倒是跟美国民事诽谤的差不多
[quote]
http://www.eff.org/bloggers/lg/faq-defamation.php
What is defamation?
Generally, defamation is a false and unprivileged statement of fact that is harmful to someone's reputation, and published "with fault," meaning as a result of negligence or malice. State laws often define defamation in specific ways. Libel is a written defamation; slander is a spoken defamation.

What are the elements of a defamation claim?
The elements that must be proved to establish defamation are:
a publication to one other than the person defamed;
a false statement of fact;
that is understood as
a. being of and concerning the plaintiff; and
b. tending to harm the reputation of plaintiff.
If the plaintiff is a public figure, he or she must also prove actual malice
[quote]




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