Article 26 — Defamation and Calumny

1. 1.

   Any national who knowingly or recklessly makes a false statement of fact concerning another person that damages that person’s reputation, and communicates the statement to at least one third party, commits the offence of defamation.

2. 2.

   Any national who falsely accuses another person of having committed an offence, knowing the accusation to be false, commits the offence of calumny.

3. 3.

   Truth is a complete defence to a charge under this Article.

4. 4.

   Fair comment on matters of public interest, made in good faith, does not constitute an offence under this Article.

5. 5.

   An offence under this Article is aggravated where it is committed through State digital platforms or official channels.

6. 6.

   An offence of defamation under paragraph 1, absent any aggravating circumstance, is classified as a minor offence. An offence of calumny under paragraph 2, or an aggravated offence under paragraph 5, is classified as a serious offence.

7. 7.

   A person convicted of a minor offence under this Article is liable to the following sanction, in accordance with Article 10:

   1. A fine of not less than $100 and not exceeding $5,000.
8. 8.

   A person convicted of a serious offence under this Article is liable to the following sanctions:

   1. A fine of not less than $5,000 and not exceeding $50,000.
   2. Public censure.
9. 9.

   Proceedings for an offence under this Article may be instituted only upon complaint of the aggrieved person and shall not be commenced ex officio.