Defamation remains a criminal offence in Cuba (punishable with imprisonment).

The following are offences under the Cuban Criminal Code:

Defamation (difamación, Art. 318), defined as imputing to another person, in front of a third party, a dishonourable action, conduct or characteristic that may harm the person’s social reputation, lower him in public opinion or cause him to lose the trust required to carry out his position, profession or social function. The punishment is imprisonment from three months to one year and/or a fine

Slander (calumnia, Art. 319), defined as knowingly making false allegations that discredit another person. The punishment is imprisonment from six months to two years or a fine. If the accused admits the falsity of the allegations and retracts them in front of the court, the punishment range is lowered to imprisonment from three months to one year or a fin.

Insult (injuria, Art. 320), defined as offending a person’s honour in writing or orally, or by means of drawings, gestures or actions. The punishment is imprisonment from three months to one year or a fine.

Provisions on the books.

The act of desacato, defined as threatening, slandering, defaming, insulting, or offending in any way the dignity of an authority or public official, is a criminal offence under Art. 144 of the Cuban Criminal Code. The punishment is imprisonment from three months to one year or a fine.

When directed at the President of the Council of State, the President of the National Assembly, members of the Council of State or of the Council of Ministers or deputies of the National Assembly, desacato is punished with imprisonment from one to three years (Art. 144, par. 2).

Provisions on the books.

Desacato (the act of threatening, slandering, defaming, insulting, or offending in any way the dignity of an authority or public official) directed at the President of the Council of State (the Cuban head of state) is punished with imprisonment from one to three years under Art. 144 of the Cuban Criminal Code.

Provisions on the books.

Publicly defaming, denigrating or scorning the institutions of the Republic, political organisations of the country, or the heroes and martyrs of the Homeland is a criminal offence under Art. 204 of the Cuban Criminal Code. The punishment is imprisonment from three months to one year or a fine.

Offending or otherwise scorning the flag, anthem, or national coat or arms is an offence under Art. 203. The punishment is three months to one year in prison or a fine,

Provisions on the books.

Offending the honour or dignity of a foreign head of state is a criminal offence under Art. 113, par. 1 of the Cuban Criminal Code. The punishment is imprisonment from three to eight years. The provision also applies to diplomatic representatives of foreign states in relation to the their functions or against family members of such if the aim is to affect such functions.

Tearing down, destroying or otherwise insulting the flag or official symbols of a foreign state, when such flag and symbols are publicly displayed by an approved representative of that state, is a criminal offence under Art. 205 of the Cuban Criminal Code. The punishment is imprisonment from one to three months or a fine.

Provisions on the books.

Art. 321 of the Cuban Criminal Code states that if defamation or slander are committed against a deceased person, the right to file charges falls to that person’s closest relatives. No limitations period is given.

No provisions.

The information contained in this database is for informational and advocacy purposes only. If you are a journalist facing a defamation claim, you should seek legal advice from a qualified attorney. However, if you are unable to find such an attorney, IPI may be able to assist you in doing so. Please contact us at ipi[at]freemedia.at.

Information on Cuba was last updated in 2013.