SECTION 305 — Defamation

(1) Whoever by any of the means described in Section 152 injures the honour or reputation of another by imputations, direct or indirect, of facts which he is unable to prove shall be punished with imprisonment for from 6 (six) days to 6 (six) months and with a fine of from CFAF 5 000 (five thousand) to CFAF 2 000 000 (two million), or with only one of the penalties. (2) These penalties shall equally apply to persons guilty of defamation in the print and audio-visual media without prejudice to the right of reply and to the obligation to publish corrections. (3) No proof may be offered of the truth of defamatory imputation where: a) it concerns the private life of the person defamed; or b) it refers to a fact more than ten years old; or c) it refers to a fact constituting an offence which has been amnestied or the conviction for which has been otherwise expunged. (4) No prosecution may be commenced without the complaint of the injured party or of his representative by law or by custom, or continued after withdrawal of the complaint. (5) Prosecution shall be barred by the lapse of four months from commission of the offence or from the last step in preparation or prosecution. (6) This section shall apply to defamation of the memory of a deceased person with intent to injure the honour or reputation of his living heirs, spouse or universal legatee. (7) The penalty shall be halved for a defamation which is not public. (8) The penalty shall be doubled for anonymous defamation.