22 June 2016

Legal person as a victim of criminal defamation – Mozambique

The possibility of a legal person being a victim of criminal defamation has been the subject of a lot of doctrinal and jurisprudential inquiry. This is because, it is understood that the criminal defamation is an offence against “honour” and “respect” which are innate qualities of a human being. Only the individual could institute criminal proceedings as the injured for defamation.

If we look at the content of the Penal Code (PC), namely on the Special Section in Chapter VIII “Crimes against Honor,” it appears that the lawgiver did not expressly address the possibility of a legal person or entity to be a victim of a legal type of criminal defamation, made only for entities that exercise public authority.

However, despite the fact that the Law does not expressly refer to legal persons as the object of criminal defamation, we believe, in our opinion, that the article 229 of the PC applies to legal persons of private law, namely, with respect to commercial companies. There is no room for doubt that the statement and dissemination of unfavourable information in respect of a legal person can cause disbelief in the market so far as to, for example, cause loss of goodwill, prestige, reputation or trust and frustrate the ability to pursue its purpose.

Thus, the prestige, the image and good name, essential personality values inherent in every human being and that are part of the concept of honor in regard to natural persons, are also vital and interrelated when it comes to the legal person in furtherance of its commercial purpose. The “honor” of legal persons is not honor in a restricted sense which is applicable to natural persons, but rather the concept should be given a broad interpretation, covering the good name, image, reputation, prestige, credibility, trust put in itself. As such these concepts deserve criminal protection because undeniably the imputation of untrue and offensive facts can affect your reputation and fame in the market.

The word “others” referred to in article 229 CP means persons, covering both natural persons and legal persons, subject to the protection in civil matters (483 and 484, both of the Civil Code). In fact, today, and in this sense that the jurisprudence and doctrine express this matter, although it is recognized that legal person’s personality rights are limited.

Article compiled by Cristóvão Chauca Lawyer (Litigation department) of our member firm CGA Advogados in Mozambique

Portuguese, English

Rua dos Desportistas, nº691 Edifício JAT 6.1 13º Piso, Fracção Norte, Maputo, Mozambique

The Central, 96 Rivonia Road, Sandton, 2196, Johannesburg, South Africa

LEX Africa

Resources

Explore Articles

Mozambique
25 June 2026
The Council of Ministers approved Decree No. 12/2026, of April 13, which establishes the new Regulation for Special Economic Zones (“SEZs”) and Industrial Fr...
Mozambique
18 June 2026
The Council of Ministers approved Decree No. 14/2026, of April 17, which creates the National Commission for Artificial Intelligence (“CNIA”), a body for con...
LEX Africa Expands Pan-African Footprint, Welcoming New Member in Somalia, Burkina Faso, and the Republic of Congo (Brazzaville)
31 March 2026
For any international business or investor, Africa presents a continent of immense opportunity. However, navigating its 54 diverse legal and regulatory lands...
LEX Africa supports African law students
30 March 2026
LEX Africa’s CSR Programme supports worthy organisations operating in Africa. Lex:lead is a group of international lawyers and friends which offers ...
Africa
29 January 2026
The Common Market for Eastern and Southern Africa (COMESA) has recently issued far-reaching new regulations expected to impact the way that business is being...
Africa
31 October 2025
On 1 July 2025 the East African Community Competition Authority (“EACCA“) published a notice (“Notice“) announcing that the EACCA wil...
LEX Africa Supports Lex:lead Students as part of its CSR program
25 July 2025
LEX Africa has again made a contribution to Lex:lead, an organisation which offers anannual essay competition on topics of law and development to law student...
Africa Update
18 July 2025
Embarking on a Greenfield project is an exciting opportunity for investors looking to establish a new venture from scratch. These projects, typically initiat...
LEX Africa nominated in the African Legal Network/Alliance of the Year category
2 July 2025
The African Legal Awards 2025 nominations have been announced, with LEX Africa and six LEX Africa members receiving nominations. &nb...
Africa Update
25 June 2025
The new president of the African Development Bank, Sidi Ould Tah of Mauritania, has big shoes to fill following a supersized performance by outgoing presiden...