To begin with, defamation is defined as the communication of a proclamation claimed to be realistic and may display a downbeat allegation about a state, government or an individual. In other words, defamation is the declaration of false statements concerning an individual which causes harm of that person. Moreover, defamation is handled as a criminal action as per the authority of many social laws. This paper will explore the history of defamation and how the laws governing it have evolved with time. Apart from this, it will also discuss the findings concerning the history of defamation. Moreover, it will provide the recommendations and conclusion as per the findings of the research. Finally, this paper will use books with reliable information concerning the history of defamation in order to come up with a viable conclusion.
Findings and discussions
A lot has been found out concerning the history of defamation. It has been found out that the actions presently referred to as defamation has its roots in libel and slander. More to this point, slander refers to any harmful declarations against an individual in a transitory form of spoke words, sign language or gesticulation. On the other hand, libel appears in more durable form like movies, documented words and even compact discs. Even though the two forms of defamation are different they have been used mostly to mean the same thing (Sanford 10). Research has pointed out that the Roman law where the criminal acts of defamation were dealt with focused at allowing ample capacity to put man’s character under discussion as it shields him from any harmful hurt and abuse. This is to say that the law was basically after creation of an environment where man’s character can be shaped and at the same time protecting him from any harm.
Again research has put it that monetary penalty placed on libels was long confirmed as a remedy for any verbal defamation. Even though the penalty was mean in nature, it was practical as a way of compensating the wrongful act done to the claimant. In other words, the penalty was used as way of saying sorry to the petitioner (Rolph 79). As time went by, a new remedy was introduced which was an expansion of the criminal law whereby many types of defamation were seriously punished.
In actual fact, introduction of the new remedy defamation is treated with all severity like all other criminal offenses. This is to suggest that one can be jailed as a result of a defamation crime. Additionally, research has also shown that there has been so much attachment to the periodicals of offensive writings and the laws governing defamation today. In fact, it is from this publications that the presently word libel being used was derived from. However, the anonymous application of the word libel has led to propagation of many dangerous events which resulted to ruthless chastisement. In essence, the anonymity use of libel has made many law breakers to suffer so much regardless of the level of mistakes.
Nevertheless, most of the criminal libel statutes that governments used as a reference point for dealing with defamation cases were done away with after they were rendered invalid judicially (Sanford 68). As a result, cases concerning defamation have really reduced at a very high rate especially private ones. Apart from this, it has also been established that many nations have illicit fines for defamation in a number of situations. More to this point, different countries have different settings for deciding whether a transgression has occurred or not. This is to state that defamation is handled in different ways depending on the environment in which the crime has occurred.
Nonetheless, it has also been found out that in numerous lawful systems harmful statements made concerning any citizen must be proved to be a lie in order to be qualified as a defamatory. In this case, if the plaintiff is unable to qualify the statements made about him or her then the libel will win the case however much true the allegations would be. Besides this, it was also found out that in case individuals in authority were involved in defamatory cases the law tend to protect them in order to maintain a good reputation (Rolph 50). This may appear unfair but that is what happens up to date so as to avoid exposing the leadership in embarrassing situations.
However, it has been pointed out that in Germany the laws guarding defamation are highly respected to an extent that the press has to be limited in terms of their rights in collecting information. Actually, monetary destructions in Germany cannot even be compared to that of false accession. Following this, Germany was found out to be among the most influenced countries by the Roman law in the European countries (Sanford 34). Above and beyond, more research concerning defamation need to carried out in order to find out if it is possible to come up with a common law that can govern defamation.
From a broader point of view, it can be said that rules and ways of dealing with defamation has really evolved with time. Even though, many laws concerning defamation are so much attached to the periodical writings of the law many governments have done away with them after being rendered invalid judicially. At first, monetary remedies were used as a way of compensating petitioners. With time, a new remedy was introduced which was an expansion of the criminal law whereby many types of defamation were dealt with severely. In this case, defamation began to be dealt with as any other crime whereby one can be sentenced and even jailed.