Alemohamad Law Office

Introduction

Many people, in everyday life, encounter phrases like "they slandered me," "they lied," or "they ruined my reputation." But are all of these behaviors legally the same? Under the Islamic Penal Code, behaviors such as eftera (false accusation of a crime), spreading falsehoods (nashr-e akazib), and insult (tohin) are separate criminal offenses. In this article, in simple and practical terms, we examine the differences between them and explain the legal path for filing a complaint over these offenses.

What Is Eftera (False Accusation of a Crime)?

Eftera means attributing a specific crime to a person without having a reason or evidence for it.

Example: If someone says "so-and-so is a thief" or "so-and-so issued a bounced check," but cannot prove this claim, they have committed the offense of eftera.

Article 697 of the Islamic Penal Code: "Anyone who, by means of printed or handwritten papers, or by publication in the media, or by a speech in a gathering, or by any other means, explicitly attributes a crime to someone without being able to prove it, is deemed a slanderer (mofteri) and shall be sentenced to imprisonment or flogging."

Conditions for Eftera to Occur:

Attribution of a specific crime (such as theft or fraud).
A public and open statement (on social media, in a message, in a gathering, etc.).
Absence of legal grounds to prove the crime.

What Is Spreading Falsehoods (Nashr-e Akazib)?

Spreading falsehoods means publishing a rumor, lie, or false claim with the intent to harm others' reputation or to disturb public opinion.

Example: A person publishes a rumor on social media about a doctor or an employee that is false.

Article 698 of the Islamic Penal Code: "Anyone who, with intent to harm another or to disturb public opinion, states or publishes falsehoods, whether in writing or orally or through mass media, shall be sentenced to imprisonment or flogging."

Conditions for Spreading Falsehoods:

Stating or publishing false information.
Absence of grounds for the truth of the content.
Having the intent to cause harm or public disturbance.
There is no requirement to attribute a specific crime.

What Does "Tohmat" (Slander) Mean Under the Law?

In common usage, "tohmat" is used as the equivalent of eftera. However, under Iran's criminal laws, "tohmat" on its own is not a recognized criminal offense.

Therefore, depending on the type of conduct, "tohmat" may be one of the following offenses:

Eftera (if it involves attributing a crime).
Spreading falsehoods (if it involves a rumor or baseless claim).
Insult (tohin) (if it involves disrespect or abusive language).

The Difference Between Eftera and Spreading Falsehoods at a Glance

Content of the statement: eftera involves attributing a specific crime; spreading falsehoods involves a rumor or false report.
Requirement to name a crime: required for eftera; not required for spreading falsehoods.
Requirement to prove falsity: required in both.
Objective: harm to reputation (eftera); harm to reputation or public disturbance (spreading falsehoods).
Punishment: imprisonment of up to two years or flogging (eftera); imprisonment or flogging (spreading falsehoods).

How to File a Complaint for Eftera or Spreading Falsehoods

To file a complaint for these offenses, you can prepare a written complaint through the judicial electronic services offices and register it with the prosecutor's office.

Documents Required to File a Complaint:

A copy of the message, post, audio, video, or published text.
The identifying information of the person who made the false accusation or spread the falsehood.
The date and manner of publication or the statement.
A witness or a Cyber Police (FATA) report, if available.

It is advisable to use a lawyer in such cases, because proving malicious intent and proving that the claims are false requires legal argumentation.

Conclusion

The word "tohmat" is common in everyday language, but under the law, this word has specific legal meanings: if someone has attributed a crime to you without evidence, that is eftera. If they have published a rumor or a false report about you, that is spreading falsehoods. And if they have insulted you, it may be the offense of insult.

To defend your reputation and good standing, correctly understanding these criminal charges and acting quickly through legal channels is very important.