Toritrue Posted August 4, 2014 Report Share Posted August 4, 2014 OK,we know that Mexico has laws against slander, and that they are to be taken seriously. But what happens when an expat is involved? Can an expat file a demanda or suit against another expat? There is a woman in town who is spreading malicious rumors about another woman and her family that is causing problems. Can anything be done to put a stop to this? thanks for any information. Link to comment Share on other sites More sharing options...
More Liana Posted August 4, 2014 Report Share Posted August 4, 2014 I believe that the law you refer to was made null at least a couple of years ago. In other words, it no longer exists. But this is just my lay belief; you'd want to talk to a lawyer. Link to comment Share on other sites More sharing options...
Yo1 Posted August 4, 2014 Report Share Posted August 4, 2014 The slander laws no longer applies to written material. It was enacted to protect journalists but has been interpreted to also mean things written on the internet. I'm not positive if the slander law went away altogether. Check with Spencer. Link to comment Share on other sites More sharing options...
Joco Posted August 4, 2014 Report Share Posted August 4, 2014 Slander is verbal. Libel is written. Before in Jalisco slander and libel were criminal and civil but that law was changed a few years ago so that neither are criminal. The laws were originally written to punish journalist for reporting anything that held a politician up to public shame or humiliation even if it what was reported was true. A foreigner can file suit for slander and or libel against anyone who has slandered or libeled him. In Texas a plaintiff doesn't need to prove any damages were committed only that the person was lied about. In Jalisco like most places, I'm sure the plaintiff will need to prove some damages and sometimes that can be hard to do. Proving damages is easy as in another thread about a car accident, someone suggested turning the person into INM for leaving the accident. That is defamation and easy to sue someone over for damages and hopefully the defendant owns a home, auto, etc. Having a lawyer send a letter to the gossips threatening a suit should be enough to stop the gossips. Link to comment Share on other sites More sharing options...
Indianamom Posted August 4, 2014 Report Share Posted August 4, 2014 Please also note the definition of Slander: The action or crime of making false spoken statements damaging to the person's reputation. If these statements can be proven by let's say a document trail, like court records or posted meeting minutes etc... then it is not a case of slander. If the statements are true then the so called plaintiff has no grounds for criminal or civil action. Link to comment Share on other sites More sharing options...
Joco Posted August 4, 2014 Report Share Posted August 4, 2014 Please also note the definition of Slander: The action or crime of making false spoken statements damaging to the person's reputation. If these statements can be proven by let's say a document trail, like court records or posted meeting minutes etc... then it is not a case of slander. If the statements are true then the so called plaintiff has no grounds for criminal or civil action. If it is written, as in documents, it is libel. A plaintiff can sue for slander, libel and defamation of character. Like I wrote earlier, in some places such as Texas, all one needs is to prove the action occurred and he does not need to prove any damages. I don't know if it is true, but I bet it is, that in Jalisco a plaintiff needs to prove a damage. Link to comment Share on other sites More sharing options...
Indianamom Posted August 4, 2014 Report Share Posted August 4, 2014 Joco- I do know the difference, but I believe the OP was asking about slander in particular and she needs to understand what slander is and it is defined above. Yes, damages are hard to prove, but one must prove that slander or libel actually occurred before they can begin trying to prove actual damages. I am assuming here in Mexico this would still hold true. If this person has proof that what they are saying is not untrue then the accusing party may be waking a sleeping giant. Defamation is a whole other story and I have no idea what laws are in place here for defamation. But if we are talking defamation there are several defenses for that in the US too and here in Mexico you would need to ask a Mexican attorney what those may be. Link to comment Share on other sites More sharing options...
Humbleclectic Posted August 4, 2014 Report Share Posted August 4, 2014 There are people who gossip at Lakeside??? Link to comment Share on other sites More sharing options...
Joco Posted August 4, 2014 Report Share Posted August 4, 2014 Joco- I do know the difference, but I believe the OP was asking about slander in particular and she needs to understand what slander is and it is defined above. Yes, damages are hard to prove, but one must prove that slander or libel actually occurred before they can begin trying to prove actual damages. I am assuming here in Mexico this would still hold true. If this person has proof that what they are saying is not untrue then the accusing party may be waking a sleeping giant. Defamation is a whole other story and I have no idea what laws are in place here for defamation. But if we are talking defamation there are several defenses for that in the US too and here in Mexico you would need to ask a Mexican attorney what those may be. The OP asked if foreigners can file for slander. "But what happens when an expat is involved? Can an expat file a demanda or suit against another expat? " Others answered with wrong definitions of slander and libel and didn't know if there are laws against slander or libel. "I believe that the law you refer to was made null at least a couple of years ago. In other words, it no longer exists. But this is just my lay belief; you'd want to talk to a lawyer." "The slander laws no longer applies to written material. It was enacted to protect journalists but has been interpreted to also mean things written on the internet. I'm not positive if the slander law went away altogether." As I wrote twice, in some locations one does not need to prove damages and I don't know if that is true here or not. If it is not, then it makes it an easier suit to win. Defamation I mentioned because some people here think the solution to an ex-pat problem is to file a complaint with INM and that is an excellent way to be sued for defamation. Link to comment Share on other sites More sharing options...
PULELEHUA Posted August 4, 2014 Report Share Posted August 4, 2014 Didn't Judy King recently write a cautionary article in the reporter re: the current state of slander and libel laws in Mexico? A big take-away from that article seemed to be that truth is not a defense. Most of the comments above are based on NOB laws which cannot be relied upon when in a country that does not operate under the Common Law system. Maybe Spencer needs to weigh in on this when he has a moment to take a breath or two. Link to comment Share on other sites More sharing options...
HarryB Posted August 4, 2014 Report Share Posted August 4, 2014 Slander is a civil matter to be dealt with by an attorney not a bulletin board. Anyone can sue anyone. This is a country under Napoleonic laws . Do not assume same as the US. Link to comment Share on other sites More sharing options...
Joco Posted August 4, 2014 Report Share Posted August 4, 2014 Didn't Judy King recently write a cautionary article in the reporter re: the current state of slander and libel laws in Mexico? A big take-away from that article seemed to be that truth is not a defense. Most of the comments above are based on NOB laws which cannot be relied upon when in a country that does not operate under the Common Law system. Maybe Spencer needs to weigh in on this when he has a moment to take a breath or two. Under the old Jalisco laws, truth was not a defense and still isn't in many Mexican states. Slander and libel are considered anything that embarrasses a person not whether it is true or not. In Jalisco that changed about 3 years ago and the law became civil and the truth is a defense like it is up North. http://fulano.info/wordpress/?cat=141 Mexico Decriminalizes Defamation On April 12, 2007 the Mexican President, Felipe Calderón, signed into federal law the decriminalization of defamation, libel and slander. Bringing to fruition a year-long process begun under the former Fox administration, Calderón repealed several provisions of the federal penal code relating to press offenses and enacted two new civil code articles (1916 and 1916a). Under the new provisions, defamation is now punishable by damages and corrections of erroneous material rather than imprisonment. Federal law does not automatically supersede state law in Mexico and, so far, so far only four out of 31 states have amended their criminal codes in line with the new federal legislation (Federal District of Mexico City – which actually did so a year before the federal legislation was finally passed – Baja California, Veracruz and Jalisco). http://editorandpublisher.com/Article/Mexico-Decriminalizes-Libel-Joining-Just-One-Other-Latin-American-Nation Free press groups hailed Mexican President Felipe Calder?n for signing a law decriminalizing libel, slander, and defamation. The law repeals some 15 articles of the federal Penal Code which made slander, libel, and defamation criminal offenses punishable by imprisonment. Link to comment Share on other sites More sharing options...
Joco Posted August 4, 2014 Report Share Posted August 4, 2014 Slander is a civil matter to be dealt with by an attorney not a bulletin board. Anyone can sue anyone. This is a country under Napoleonic laws . Do not assume same as the US. Napoleonic law has nothing to do with it. Napoleonic law means they do not use case law like the English system does. Why can't people ask if they can sue someone and if the law in Mexico allows them to sue? I don't think that is beyond the scope of a webboard. Link to comment Share on other sites More sharing options...
Guest bennie2 Posted August 4, 2014 Report Share Posted August 4, 2014 seems the winners are the lawyers here. anyone can yapyap, anyone can file a denuncia. its your $- enjoy. looks like some folks have too much time on their hands. so run this by me again: someone is spreading "rumors"? and?? and hesaid shesaid and what?? so? so what. bottom line is, what difference does it make? the only difference i see is a lawyer fee. lets not forget a translators fee. i see a thriving business here for young english speaking lawyers, it could be a specialty, terriffic business op. Link to comment Share on other sites More sharing options...
valbogyo Posted August 4, 2014 Report Share Posted August 4, 2014 deleted Link to comment Share on other sites More sharing options...
bmh Posted August 4, 2014 Report Share Posted August 4, 2014 It is foolish to sue anyone here unless you have gravely been damaged and can prove it and even then it may take a longtime before you can prevail IF you can. Anyone is better off staying away from lawsuits. Gossip is nasty and you are better off confronting the eprson with a couple of friends than going in front of a court. Link to comment Share on other sites More sharing options...
Intercasa Posted August 4, 2014 Report Share Posted August 4, 2014 Not criminal anymore just civil. Currently the one with the most money will win. Why? It takes cold hard cash and attorney and expert fees to file a suit. Nobody works on contingency so you pay or don´t play. Then a good defendant can make arguments and has to pay as well. I feel that here in Mexico that they seem to protect the bad guy as truth is not a defense, however the issue is ripe for appeal and if someone is a defendant and has the cash to pursue an appeal if they do not prevail, I believe that upon appeal or amparo or in the international courts Mexico should place the right of the public to know and be protected above that of someone who cries because people learned about their past scams and criminal record. Link to comment Share on other sites More sharing options...
mod-3 Posted August 5, 2014 Report Share Posted August 5, 2014 Thank you Spencer. Closed. Link to comment Share on other sites More sharing options...
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