Paraguay Defamation Laws: Civil & Criminal

Defamation in Paraguay is both a civil wrong and a criminal offense. The Penal Code (Código Penal, Law 1160/97) punishes calumnia in Article 150, difamación in Article 151, and injuria in Article 152, with penalties weighted toward day-fines rather than prison. Victims may also claim civil compensation for moral harm to honor.

What counts as defamation in Paraguay

Paraguay's Penal Code groups crimes against honor and reputation into three figures. Article 150, calumnia, covers a person who, contrary to the truth and knowingly, asserts or spreads to a third party a fact about another that is capable of damaging their honor. Article 151, difamación, covers asserting or spreading, to a third party or before them, a fact about another capable of damaging their honor, without the heightened knowing-falsity element of calumnia. Article 152, injuria, covers offending or insulting another's honor more generally. The distinguishing line courts draw is that calumnia requires a knowingly false factual assertion, difamación involves spreading a damaging fact, and injuria is a value judgment or insult. Related provisions, such as Article 153 on denigrating the memory of a deceased person, round out the chapter.

Criminal defamation and penalties

These are criminal offenses, but Paraguay leans on day-fines (días-multa) rather than prison for the basic forms. Article 150 punishes calumnia with a fine, increasing to up to two years of imprisonment or fine when it is committed before a crowd, through the dissemination of publications, or in comparable public ways. Article 151 punishes difamación with up to 180 day-fines, extendable to up to one year of imprisonment or fine in aggravated circumstances. Article 152 punishes injuria with up to 90 day-fines, rising to up to 180 day-fines when committed before a third party or repeatedly. The penalties are set out in the Code, which is the controlling source. The use of day-fines means the monetary penalty scales to the offender's circumstances rather than a flat amount.

Watch out: Penalties shown are statutory maximums for the basic and aggravated forms. The actual sanction depends on the facts, whether an aggravating public or repeated element applies, and whether a defense such as truth or legitimate-interest justification succeeds.

Defenses: truth and legitimate interest

Paraguay's Code provides meaningful defenses, especially for difamación and injuria. Proof of the truth of the asserted or spread fact (la prueba de la verdad) is admitted in connection with whether the statement was acceptable criticism or served a protected interest. Critically, difamación and injuria are not punished when the statement is a proportionate means for defending public or private interests, a public-interest and legitimate-interest justification that protects fair comment and bona fide reporting. For calumnia, the offense is built on a knowingly false statement, so a true statement does not satisfy the elements at all. These defenses, together with the emphasis on day-fines, reflect a framework that tempers criminal exposure for honest, interest-driven expression.

Civil liability and remedies

Beyond the criminal sanction, which is a fine paid to the State, a victim can pursue economic reparation. The Penal Code's Article 59 provides for composición, a mechanism allowing the victim to obtain reparation in connection with the criminal case. Separately, Paraguay's civil law recognizes moral damages (daño moral) for injuries to non-material interests such as honor, privacy, and peace, so a person harmed by insults, humiliation, or defamation can claim compensation through a civil action. There is no fixed statutory cap on moral damages stated for these claims; courts assess the amount based on the gravity of the harm and the circumstances. A claimant may therefore seek both a criminal sanction and monetary reparation, or pursue civil damages on their own.

Limitation period

The time to act is governed by the Penal Code's general prescription rules for the criminal action, which scale to the penalty attached to each offense, together with the procedural framework for private-action crimes. Because calumnia, difamación, and injuria are private-action offenses, the victim must initiate the complaint, and procedural deadlines in the Criminal Procedure Code can affect how long the action remains viable. Civil moral-damage claims follow the civil-law prescription regime. Since the applicable period depends on the specific offense and track, anyone considering a claim should confirm the current limitation period, as of 2026, for their particular facts before relying on a deadline.

Online and social media defamation

Paraguay applies the same Penal Code honor offenses to statements made online. A false, knowingly damaging factual accusation on a social network or website can constitute calumnia, and spreading a damaging fact can constitute difamación, with the public-dissemination element potentially triggering the aggravated form of Article 150. Online insults can fall under injuria. There is no separate internet-defamation statute, so the analysis turns on the same elements and defenses, including truth and the legitimate-interest justification. Practical complications common to online cases, such as identifying anonymous posters and establishing where a statement was published, apply. Platform intermediary liability is not specifically codified for these offenses, and liability has generally focused on the author of the statement.

How a defamation claim is brought

Because calumnia, difamación, and injuria are private-action offenses (delitos de acción privada), they are prosecuted by the victim through a querella (private criminal complaint), which must be sponsored by an attorney, rather than by the Public Ministry acting on its own initiative. The complaint proceeds under the special procedure in the Criminal Procedure Code. For monetary recovery, the victim can pursue composición under Penal Code Article 59 in connection with the criminal case, or file a separate civil action for moral and material damages in the civil courts. The civil route is often used where the goal is compensation rather than a criminal sanction. In all routes, the truth and legitimate-interest defenses are central to the analysis.

Frequently Asked Questions

Is defamation a crime in Paraguay?

Yes. Calumnia (Penal Code art 150), difamación (art 151), and injuria (art 152) are criminal offenses, though penalties lean on day-fines rather than prison. They are private-action crimes prosecuted by the victim's complaint, and victims can also claim civil damages.

What is the difference between calumnia, difamación and injuria in Paraguay?

Calumnia (art 150) is knowingly asserting a false fact damaging to honor. Difamación (art 151) is spreading a damaging fact about someone. Injuria (art 152) is a more general insult or offense to honor. Each has its own penalty range in the Penal Code.

What is the penalty for defamation in Paraguay?

Calumnia is punished mainly by fine, rising to up to two years of imprisonment or fine when done publicly or through publications. Difamación carries up to 180 day-fines, extendable to up to one year of imprisonment in aggravated cases. Injuria carries up to 90 day-fines, rising to 180 when done before others or repeatedly.

Is truth a defense to defamation in Paraguay?

Yes. Proof of truth is admitted in connection with acceptable criticism and protected interests, and difamación and injuria are not punished when the statement is a proportionate means of defending a public or private interest. Calumnia requires a knowingly false statement, so a true statement is not calumnia.

How much can you sue for defamation in Paraguay?

There is no fixed statutory cap. A victim can seek economic reparation through composición under Penal Code art 59 in the criminal case, and can claim civil moral damages (daño moral) in a civil action, with the amount set by the court based on the harm.

Who prosecutes defamation in Paraguay?

These are private-action offenses, so the victim brings the case through a querella (private criminal complaint) sponsored by an attorney. The Public Ministry does not prosecute crimes against honor on its own initiative.

Is online defamation illegal in Paraguay?

Yes. Online statements are assessed under the same Penal Code offenses. A knowingly false damaging accusation can be calumnia, spreading a damaging fact can be difamación, and insults can be injuria. Public dissemination can trigger the aggravated form of art 150.

Can defamation lead to prison in Paraguay?

It can in aggravated cases. Calumnia can reach up to two years of imprisonment when committed publicly or via publications, and difamación can reach up to one year in aggravated circumstances. The basic forms are punished primarily with day-fines.