Navigating the Nuances of Reputation: A Guide to Slander and Defamation in Ecuador

In an increasingly connected world, sharing experiences online is common. Yet, what might be considered protected free speech in countries like the United States can lead to serious legal repercussions in Ecuador. We sat down with Attorney Sabrina Candela, a certified mediator and expert in Ecuadorian law, to unpack the often-misunderstood laws surrounding defamation.

Sabrina shared quite a bit of the types of experiences, frustrations, and warnings that many try to express with the click of a button, often with the well-intentioned goal of helping others. However, she stresses that what may be considered a simple exercise of free speech in one country can carry significant legal weight in another. For those of us who have chosen to make Ecuador our home, it is paramount to understand the local legal landscape, particularly when it comes to the delicate matters of slander and defamation.

This is not a matter of censorship, but rather of cultural and legal perspective. While many of us come from backgrounds where freedom of speech is a cornerstone of the legal system, Ecuadorian law places a profound emphasis on the protection of an individual's honor and reputation. This distinction is not merely academic; it has real-world consequences that can impact anyone, from a dissatisfied customer to a landlord in a dispute with a tenant.

Sabrina goes on to explain that the Ecuadorian law establishes two key legal concepts that are important to understand:

• Calumnia (Slander): This is the more serious of the two offenses. It involves falsely accusing another person of a crime. The key here is the "false accusation of a crime." For example, publicly stating that your landlord is a "thief" without a court ruling to back it up could be considered calumnia. The penalties for this can be severe, including imprisonment.

• Injuria (Defamation): This is a broader category that encompasses any statement or action that damages a person's dignity, honor, or reputation, without necessarily accusing them of a specific crime. This could be an insulting comment on social media, a disparaging remark in a public forum, or even a gesture that is considered offensive. While the penalties are less severe than for calumnia, they can still result in legal action and penalties.

Us at the Cuenca Expat HUB consistently look at social media posts and we have been able to detect quite a few good examples that Sabrina helped us determine whether they would be a risk or not. Let's consider a few scenarios, drawn from the experiences of many expats, to illustrate how these laws can come into play:

• The Frustrated Tenant: Imagine you've been having persistent issues with your rental property. The plumbing is a recurring nightmare, and the landlord's attempts to fix it have been less than satisfactory. In a moment of frustration, you post a detailed account of your experience on a popular expat forum, calling the landlord "negligent" and a "slumlord." While your frustration is understandable, these words could be interpreted as injuria, potentially leading to legal action from the landlord.

• The Disappointed Customer: You have a negative experience with a local service provider. You feel that you were overcharged and that the service was not what was promised. You write a scathing online review, accusing the provider of "fraud" and "deception." Unless you have a court ruling to substantiate these claims, you could be facing a lawsuit for calumnia.

• The Public Dispute: A disagreement between two individuals escalates. One person, feeling wronged, takes to social media to air their grievances, making personal attacks and spreading rumors about the other person. This, too, can fall under the umbrella of injuria, as it is a public attack on someone's character and reputation.

In all these cases, the intention may not have been malicious. The goal may have been to warn others or to seek a resolution. However, in the eyes of Ecuadorian law, the impact on the other person's reputation is what matters most.

So, what is the solution? How can you protect yourself while still addressing legitimate grievances? The key is to shift your focus from public accusation to private resolution and, when necessary, to seek professional legal guidance.

Before you post that negative review or send that angry email, take a step back and consider your options. The most prudent course of action is to seek a proper and timely assessment of your situation from a qualified legal professional. They can help you understand the nuances of your specific case and guide you on the best course of action.

Sabrina helps us list the different paths you can take, and sometimes it doesn’t need to be just one of these:

• Mediation: A certified mediator can help you and the other party reach a mutually agreeable solution without resorting to legal action.

• Formal Legal Action: In some cases, it may be necessary to file a formal complaint with the appropriate authorities. A lawyer can help you navigate this process and ensure that your rights are protected.

• Strategic Communication: A legal expert can advise you on how to communicate your concerns effectively and without exposing yourself to legal risk.

Navigating the complexities of a foreign legal system can be daunting. Fortunately, there are resources available to help you. For those in the Cuenca area, we recommend consulting with Sabrina Candela, who has extensive experience in assisting expats with a wide range of legal matters. She can provide you with the specific insight and guidance you need to address your concerns in a way that is both effective and legally sound.

In the end, the goal is not to silence dissent or to discourage people from sharing their experiences. It is to encourage a more mindful and informed approach to communication, one that respects the local legal and cultural context. By understanding the laws and seeking expert advice when needed, we can all contribute to a more harmonious and just community.