A forensic pragmatic analysis of defamatory statements in Iraqi criminal courts

  • Asaad Qahtan Najm Aljanabi English Language Department, University of Babylon, Hilla 50001, Iraq
  • Ahmed Sahib Jabir English Language Department, University of Babylon, Hilla 50001, Iraq
Ariticle ID: 1203
29 Views, 30 PDF Downloads
Keywords: defamation; plaintiff; innuendo; libel; slander; maliciousness; intentionality

Abstract

This paper is going to investigate the defamatory statements that are posted on social media platforms and those statements are considered as a language crime that is usually recognized as a linguistic act. Defamatory statements can be expressed in different ways, including written and spoken words, gestures, or other ways of communication. Consequently, persons who defame others usually base their speech on the words and expressions that constitute their accusation. This paper aims to analyze the language of defamatory messages, which must not only be false but also transmitted to other individuals with the intent of causing harm to the reputation of the targeted person. It also describes how linguists can provide help in defamation cases by applying Shuy’s model to investigate the linguistic tools of speech acts, grammatical referencing, discourse structure, malicious language, and the conveyed and intended meaning of the defamatory messages. The data, which are cases, have been collected from The Criminal Court and The Femidemora Court in Babylon.

References

American Law Institute (1965). Restatement of the Law, Second, Torts 2d. American Law Institute Publisher.
Austin JL (1962). How to Do Things with Words. Harvard University Press.
Black HC (1999). Black’s Law Dictionary. Thompson West.
Durant A (1966). Allusions and Other “Innuendo” Meanings in the Libel Actions: The Value of Semantic and Pragmatic Evidence. Forensic Linguistics. pp. 195-210.
Fraser B (2001). An Account of Innuendo. In Robert Harnish, Perspective on Semantics, Pragmatics, and Discourse. John Benjamins Publishing.
Kenyon AT (2019). Libel, Slander, and Defamation. University of Melbourne.
Kenyon AT (2016). Comparative Defamation and Privacy Law. Cambridge University Press.
Searle J (1969). Speech Acts. An Essay in the Philosophy of Language. Cambridge University Press.
Shuy RW (2010). The Language of Defamation Cases. Oxford University Press.
Shuy RW (2011). The Language of Perjury Cases. Oxford University Press.
Shuy RW (2014). The Language of Murder Cases. New York: Oxford University Press.
Townsend AM, Aalberts RJ, Gibson SA (2000). Libel and Slander on the Internet. Communications of the ACM 2000; 43(6): 15–17.
Tiersma P (1987). The Language of Defamation. Texas Law Review. pp. 303-350.
Published
2024-02-29
How to Cite
Qahtan Najm Aljanabi, A., & Jabir, A. S. (2024). A forensic pragmatic analysis of defamatory statements in Iraqi criminal courts. Forum for Linguistic Studies, 6(2), 1879. https://doi.org/10.59400/FLS.v6i2.1879
Section
Article