What is the difference between defamation and slander?

What is the difference between defamation and slander?

"If I've understood your last column correctly, when someone says that I'm dishonest to another person, I can feel insulted because my honesty is being questioned or even judged. What rights do I have in relation to the person saying the wrong thing?"

Myriam, Bernex

Honour, which is protected by articles 173 et seq. of the Criminal Code, is the right not to appear contemptible. Anyone who, by addressing a third party, accuses a person or casts suspicion on that person of behaving in a manner contrary to honour, or of any other fact likely to damage his or her reputation, may be guilty of the offence of defamation, or even of slander if he or she knows it to be false; he or she is liable to be punished by a fine of up to 180 days in the case of defamation, and up to three years' imprisonment in the case of slander.

The term "dishonest" constitutes defamation or slander if, by this allegation, the author has accused the third party of having or having had dishonest behaviour. On the other hand, if the remarks constitute a simple value judgement, they cannot be defamation; they would then constitute an insult. To distinguish between an allegation of fact and a value judgement, it is necessary to ask, depending on the circumstances, whether the disputed terms have a recognisable connection with a fact or are used to express contempt.

However, the perpetrator of defamatory allegations will not incur any penalty if he proves that the allegations are true or that he had serious reasons to believe them to be true in good faith. They will still be punishable if they have been made or propagated without regard to the public interest or without any other sufficient reason, mainly with the intention of speaking ill of another person, particularly when they relate to private or family life.

With regard to compensation for damage and any non-material loss, the criminal court may award compensation to the injured party. If it fails to do so, the injured party may refer the matter to the civil courts, invoking article 41 of the Code of Obligations, which requires anyone who wrongfully and unlawfully causes damage to another party to compensate for it. Finally, there is the possibility of taking action to protect personal rights on the basis of art. 28 et seq. of the Civil Code.