Even on WhatsApp, there is a huge risk if you indulge in insults towards someone: the law on this is very clear.
Nowadays, it is really difficult to find someone who does not use WhatsApp regularly. In recent years, the user audience of the world's most popular messaging platform has grown significantly.
Even people who are less accustomed to technology or the elderly have learned to appreciate the importance of this tool, which allows you to stay in touch with your dearest ones even through voice messages, photos and videos.
Crimes in chat: a great danger to those who say them
In addition, using WhatsApp, it is possible to communicate with people who are together Even on the other side of the worldSimple, fast and above all free.
However, even when chatting on this app You must remember to maintain the correct behavior Don't make it an outlet for your anger.
In fact, it is not uncommon in conversations on WhatsApp I snack on offensive writing and insults. What happens in these cases? Is there a risk of defamation or insult?
First of all, we need to create The difference between insult and defamation. In the first case, the communication is directed at the abused person, while in the second case the communication is abusive between several people, but the abused person has not spoken to the perpetrator.
Briefly, In defamation, the offended person is not present When the insult itself is uttered, unlike what happens with the insult.
The insult was decriminalized in 2016 and is therefore no longer a crime. However, it is, for all intents and purposes, a civil wrongTherefore, the injured person can seek compensation for damages resulting from the violation he received.
The same rules also apply to WhatsApp. If the abuser is present in the conversation we experience insult; Otherwise it will be considered defamation. Obviously, since the concept of presence in a digital society can be open to thousands of interpretations, it would be appropriate to evaluate it on a case-by-case basis.
Crime in a WhatsApp group: What the law says
For example, if the crime is pronounced During a remote meeting With the presence of the injured person, the hypothesis will arise that the injury occurred in the presence of more than one person (and thus a civil crime).
Another case is the possibility that the crime was sent in a WhatsApp group, where there are clearly multiple participants. According to a recent ruling by the Supreme Court, if the aggrieved person reads the offensive messages at a later date – that is, some time after they were sent – defamation is raised, as there can be no doubt about the presence.
However, if the message (or messages) is viewed while the person is physically present There will be serious injury (civil damage).
in the end, Even if the crime exists in the WhatsApp status, the crime of defamation can be raised. In fact, the crime can be found through all the contacts in the perpetrator's address book.
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