Defamation in Portugal
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Joanne, really took the time to explain the process and the best way to fulfill our requests. She was very good at communicating timelines and what was to be expected. She worked quickly to make sure we completed our process.
Flavia Krause
28 Mar 2024
28 Mar 2024
Service Details
Defamation
This service is available across Portugal
Who Is This Service For?
- In today's ‘online world’ the incidence of defamation has become more prevalent than previously, probably because people have a tendency to make injurious statements against others they have never met in real life.
- This is the case in Portugal just as elsewhere, although the fact that it happens in Portugal may give those who make defamatory statements an even greater sense of invulnerability.
- This service is designed speifically for clients involved in personal disputes, media conflicts, or social media defamation scenarios.
Important Concepts
- Defamation Types: Portuguese law distinguishes between simple defamation and aggravated defamation, with higher penalties for the latter.
- Definitions: Defamation, libel, and slander are addressed within the Portuguese Penal Code under Articles 180 to 189. These articles delineate the crimes of defamation, libel, slander, and similar offences, defining them as actions that harm the reputation of another person through false allegations or attributions.
- Exclusion of Illegality: Situations where the defendant can prove the truth of the imputation or acted in belief of its truth to protect a legitimate interest.
- Prescription of Penal Procedure: The process must be initiated within 6 months of knowledge of the fact and author identity. It prescribes in 5 years.
- Civil Liability: Alongside criminal responsibility, civil liability for damages can be pursued for material and moral damages, under the relevant provisions of the Portuguese Civil Code (Código Civil).
- Public Debate Context: In public debates like politics or art, freedom of expression may prevail, affecting the assessment of defamation.
Key Elements of this Service
- Legal Assessment and Consultation: Evaluation of the defamation case considering Portuguese law, understanding the impact of the statements on your reputation.
- Handling Criminal and Civil Proceedings: Assistance in navigating both criminal defamation (under Article 180 of the Portuguese Penal Code) and civil defamation claims.
- Evidence Compilation: Support in gathering necessary evidence, including witness statements, digital data, and other relevant documentation.
- Representation in Legal Proceedings: Strong legal representation in both criminal and civil courts.
- Negotiation and Mediation: Facilitating out-of-court settlements where possible, including retractions, apologies, or compensation.
- Defamation Defence and Strategy: Developing defence strategies focusing on the context of the statement and the intention behind it, especially in cases of ‘injúria’ or insult.
Benefits - Why Choose Our Service
- Expertise in Portuguese Defamation Law: Deep understanding of defamation laws, developed over several years of representing defamed clients, and able to guide clients on nuances such as exist between ‘difamação’ and ‘injúria’.
- Bilingual Legal Support: Offering services in Portuguese and English permits our lawyers the ability to assist both local and international clients.
- Customised Legal Strategies: Personalised approaches to each case, focusing on optimal outcomes.
- Focus on Reputation Restoration: Dedicated efforts in restoring and protecting your personal or professional reputation.
Free Support Services Included
When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:
- Verification of the regulatory status of your professional.
- Fees as recommended by the Local Professional Body
- Fees specified in advance and legally guaranteed.
- Service levels agreed in advance and guaranteed.
- All professionals must hold professional indemnity insurance.
- Professionals' proficiency in English monitored.
- Continuous quality controls and reviews.
Why choose Advocate Abroad?
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Office hours
9am - 9pm CET Monday - Friday
9am - 9pm CET Monday - Friday
