• Glenn Wilson
    83
    Updated in comments.

    What's the deal with slander, libel and defamation in Mexico? It seems there is a lot of confusion about this. What does a lawyer say?

    Getting Sued for Defamation in Mexico
    After briefly describing the current state of Mexican law for defamation, calumny, libel and slander, she goes on to say:
    The bottom line is to ensure that you are fundamentally telling the truth as accurately as possible. Also, limit content that may be viewed as insulting or demeaning.

    If those two requirements are met, then you can probably resort to generous doses of irony, sarcasm, caricature and humor as they all form part of the right to freedom of speech and expression in Mexico.
    Diana Cuevas

    Diana Cuevas
    Mexico: Cédula Profesional
    United States: Counseling Attorney-at-Law
    Diana Cuevas International Law

    So, be truthful and also avoid being insulting or demeaning? Sounds like good advice in general. And truth may not be a defense. Read the article for more information but if you really need to know, ask a good lawyer.

    More in the category Finance and Legal.

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  • Rocky Daniels
    11
    I was surprised to read a longer article from the same author. Her view of U.S. libel law being skewed in favor those claiming libel with huge awards common is NOT at all what I’ve always understood. It sounds like she’s talking about Britain.

    Leaves me more confused than when I started.
  • Glenn Wilson
    83
    I'm not sure what she had in mind, maybe she meant something else, or maybe she was thinking of some of these:

    After being bankrupted by a surreal legal battle with former pro-wrestler Hulk Hogan, secretly funded by vengeful billionaire tech investor Peter Thiel...Business Insider

    In 1998, television talk-show host Oprah Winfrey and one of her guests, Howard Lyman, were involved in a lawsuit, commonly referred to as the Amarillo Texas beef trial, surrounding the Texas version of a food libel law known as the False Disparagement of Perishable Food Products Act of 1995,...Texas Beef Group v. Winfrey

    Ag-gag
  • Rocky Daniels
    11
    I’d definitely do my best to avoid being sued in the U.S. by someone backed by a billionaire. Seems only prudent.
  • Glenn Wilson
    83
    Trial for moral damage, another threat to free journalism
    For what is at stake in this process, the right of journalists from Guanajuato to conduct well-founded investigations to track the origin and destination of public resources should be carried out with the greatest possible transparency and clarity.
    The freedom to investigate public power faces a case that will set a precedent in Guanajuato.

    The lawyer Roberto Saucedo Pimentel and the journalist Arnoldo Cuéllar Ornelas have had the dubious honor of being the first protagonists of a trial for moral damage, the figure that replaced defamation of honor as a legal instrument to limit freedom of expression.
    Trial for moral damage, another threat to free journalism (sp).

    See also:
    Moral damage: the legal resource that grows in Mexico (sp).

    Federal Civil Code Aricle 1916.

    Right to fair compensation for moral damages (sp).

    Freedom of expression above moral damage? (sp).

    Update Jan 27, 2020:
    Freedom of expression vs. damage to honor
    In 2018, defamation and slander were removed from the Criminal Code and moral damage to the Civil Code was included, protecting the freedom of expression that ended up stopping the million-dollar demand of the owner of TV8.
    A Court of First Instance issued a sentence in which it acquits responsibility for having generated alleged moral damage against businessman Jorge Rodríguez Medrano, owner of TV8.
    Freedom of expression vs. damage to honor (sp).

    Update Jan 31, 2020:
    The press under threat
    "The press under threat". Analysis of the figure of moral damage: the only ones who file such lawsuits are those who are publicly indicated by probable acts of corruption and abuse of power.
    A magistrate decided to revoke Sergio Aguayo's exoneration of the accusation made by Humberto Moreira against him, for the alleged crime of “moral damage”, and for which a payment of 10 million pesos is required.
    The case of Sergio Aguayo is the most emblematic in our days. A magistrate decided to revoke the decision that a judge had taken, to exonerate him from the accusation made by Humberto Moreira against him, for the alleged crime of “moral damage”, and for which a payment of 10 million pesos is required, which has led to the need for the investigator to have to deposit 400 thousand pesos in guarantee, in order to avoid having his assets seized to pay off the immoral amount requested.
    The press under threat (sp).
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