Criminal Code > TITLE III CRIMES AGAINST 2

CHAPTER II SPECIAL PROVISIONS; INJURY TO HONOUR

Article 613- Defamation and Calumny.

(1) Whoever, addressing a third party, imputes to another, with the intent to injure his honour or reputation, an act, a fact or a conduct, where the allegation accords with the truth,

Is punishable, upon complaint, with simple imprisonment not exceeding six months, or fine.

Statements made concerning a crime of which a person has been found guilty, has duly served the sentence or has been granted pardon or amnesty, with intent to injure his honour or reputation, shall be considered as defamation and are punishable under the preceding Article.

(2) Where the defamatory imputations or allegations constituting the injury to honour or reputation are false and are uttered or spread with knowledge of their falsity, the criminal is punishable upon complaint, for calumny with simple imprisonment for not less than one month, and fine.

(3) Where the criminal has acted with deliberate intent to ruin the victim’s reputation,

he shall be punished, upon complaint, with simple imprisonment for not less than three months, and fine.

(4) Where the imputation or allegation is false and made negligently, it is punishable, upon complaint, with simple imprisonment not exceeding one year, or fine.

(5) False accusation or denunciation to the authorities is punishable under the special provision (Art. 447), and is not liable to any concurrent penalty.

Article 614- Truthful Assertions and safeguarding or Higher Interest Excepted.

(1) A person charged with defamation cannot in general plead in defence that he acted without intent to injure, or that he confined himself to repeating even though not believing them, allegations emanating from another, or that was a matter of common knowledge, or that he uttered suspicions or conjectures.

(2) Where the criminal commits the act by uttering or expressing the truth, or having sufficient ground to believe that it is true, he shall not be liable to punishment if he can prove that:

a) he did not have the intention to injure the honour or reputation of another; or

b) he acted in the public interest or he was actuated by a higher interest or moral aim.

(3) Where the criminal is convicted of calumny, he may in no case exculpate himself by invoking public or higher interest.

Article 615- Insulting Behaviour and Outrage.

Except in cases where it is punishable as a petty offence (Art. 844), anyone directly addressing the victim, or referring to him, offends him in his honour by insult or injury, or outrages him by gesture or in any other manner,

Is punishable, upon complaint, with simple imprisonment not exceeding three months, or fine not exceeding three hundred Birr.

Article 616- Provocation and Retaliation.

(1) The Court may impose no punishment where a person charged with insulting behaviour or outrage has been provoked or carried away by an attitude, conduct or acts, even towards a third party, which are manifestly so shocking offensive or reprehensible as to make his act excusable.

(2) Where the injured party has at once replied to an insult or outrage in kind, the Court may, according to the circumstances, exempt from punishment both criminals or one of them.

Article 617- Withdrawal and Repentance.

(1) Where, during proceedings, a person charged with an injury to honour withdraws his allegations and expresses his regrets, either in writing or orally before the Court, the Court may mitigate the penalty (Art. 179).

(2) The Court shall in all cases deliver formal attestation of the withdrawal to the interested party, for all appropriate purposes.

Article 618- Special Cases Aggravating the Crime.

(1) Where the defamation or calumny, insult or outrage, has been deliberately committed against a public servant in the discharge of his official duty, or in relation thereto, the criminal is punishable, upon complaint:

a) with simple imprisonment not exceeding six months, and fine not exceeding one thousand Birr in cases of insult or outrage;

b) with simple imprisonment from one month to one year, and fine in cases of defamation; or

c) with simple imprisonment for not less than three months, and fine in cases of calumny; or

d) with simple imprisonment for not less than six months, and fine, in cases of deliberate act to ruin the victim’s reputation.

(2) Nothing in this Article shall affect the special provisions relating to injury to the honour of the State (Art. 244), to insults to foreign States and inter-State institutions (Art. 264 and 266), to insults to a military superior (Art. 297) and to contempt of Court (Art. 449).

Article 619- Proceedings in Respect of Injury to the Honour of Absent or Deceased Persons.

(1) Where any of the injuries to honour punishable under this Chapter relates to a deceased person or to a person legally declared absent, the right to lodge a complaint lies exclusively with his descendants, natural or adopted, and with his spouse, or, in their default, with his ascendants, natural or legal, and with his brothers and sisters.

(2) Limitation of the action, in respect of injury to private honour, is regulated by the general provisions.

Where the allegations constituting the injury to the memory of the person affected refer to a public activity of any kind which has passed into the historical, artistic, literary or scientific domain, the complaint shall not be admissible if, at the time when the incriminating act is committed, at least thirty years have passed since the death of the injured person or since he was legally declared absent.