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Defamation involves making a false statement about someone that damages their reputation. It can be libel, which is a written defamatory statement, or slander, which is a spoken defamatory statement. To prove defamation, it must be shown that the statement was false, damaging to the plaintiff's reputation, published to others, and not protected or privileged. Defenses include proving the statement was substantially true, a fair opinion on a matter of public interest, or covered by absolute or qualified privilege. Penalties for defamation include fines and imprisonment, as well as damages.
Defamation involves making a false statement about someone that damages their reputation. It can be libel, which is a written defamatory statement, or slander, which is a spoken defamatory statement. To prove defamation, it must be shown that the statement was false, damaging to the plaintiff's reputation, published to others, and not protected or privileged. Defenses include proving the statement was substantially true, a fair opinion on a matter of public interest, or covered by absolute or qualified privilege. Penalties for defamation include fines and imprisonment, as well as damages.
Defamation involves making a false statement about someone that damages their reputation. It can be libel, which is a written defamatory statement, or slander, which is a spoken defamatory statement. To prove defamation, it must be shown that the statement was false, damaging to the plaintiff's reputation, published to others, and not protected or privileged. Defenses include proving the statement was substantially true, a fair opinion on a matter of public interest, or covered by absolute or qualified privilege. Penalties for defamation include fines and imprisonment, as well as damages.
reputation. It is called libel, when it is in a permanent form, and a slander, when it is in a transitory form.”
• The tort of defamation aims at to protect
the character of the individual against the attempt to defame the individual in eyes of the society • A statement or published material is considered defamatory if it lowers one’s reputation of the plaintiff
• There 4 essential conditions to commit
defamation the statement must be following 1. Defamatory 2. Refer to the plaintiff 3. Published 4. False EXAMPLE
A newspaper knowingly prints
an article falsely asserting that a public figure has cheated on business partners in the past. While the law protects media outlets from liability for printing statements about public figures • Defamation falls under 2 types :- Libel & Slander
a) Libel is a publication of a false & a defamatory
statement in permanent form leading to injure the reputation of another person ,without lawful justification
Following 3 condition s are necessary condition must be
satisfied to be case of libel : 1.The statement must be false 2.it must be in permanent form 3.it must be defamatory i.e. a. Expose the plaintiff to hatred b. Tend to injure his trade or profession or him c. Cause him to be shunned CASE LAW FOR LIBEL In2011, Katie Holmes settled a lawsuit against celebrity gossip rag, The Star, for $50 million. The suit was over an article that claimed that Holmes was a drug addict. The magazine issued an apology statement. b) Slander is a false & defamatory oral statement in a transitory form which leading to injure the reputation of another person ,without lawful justification .
There are 6 conditions required to commit a slander, the
statement must be the following 1. Defamatory 2. Refer to the plaintiff 3. Published 4. Published by the defendant 5. False 6. Special damage to the plaintiff except in some cases EXCEPTION UNDER SLANDER Following Statements can’t be considered as defamation Any truth statement made in public interest;
Any opinion given by the public in respect of
conduct of a public servant in discharge of his functions, his character appears; Publication of any proceedings of courts of justice including any trial of court and judgment. EXAMPLE
Saying a doctor has fake diplomas on his wall
An employer claiming an employee stole
equipment
Claiming the business owners participated in
unethical and illegal activities
Saying a restaurant is serving meat from dogs
Difference between Libel & Slander Slander Libel
1. Form It is in a written form It is in an oral form
2. Tort as well as crime in England
It is both trot & crime It is only tort 3.Proof Libel is actionable per se- Slander is not actionable without proof of per se i.e. not actionable actual damage without proof of special damage DEFAMATION IN INDIA Here the defamation can filed under civil law as well as criminal law under sec 499 & 500 of I.P.C
There was dispute which reached the SC on
whether defamation can be filed under the civil law well as criminal law in India
However in case Subramanian Swamy v.
Union of India it was decide that defamation can be filed under both the laws . Defenses
There 3 defenses available
1. Justification : • This to show the words said in a statement is fact . • e.g.- Say ‘A’ tells a group of people that ‘B’ had been convicted for theft, however ‘B’ had been charged not convicted then the statement is false
2.Fair & bona fide comment :
•It is a statement on matter of public interest does not attract any labiality .It is just a fair opinion • e.g. matters of public interest are affairs of state, officers of state etc 3. Privilege are 2 types : a) Absolute privilege is that some members of public are able to make comments without threat to sue for defamation as they claim this privilege .
E.G . The politicians can say anything in the
parliament and cannot be sued for defamation
Here the person exempt from inquiry
b) Qualified privilege is no suit will lie upon a
statement even though it is false unless the plaintiff proves express malice
E.G. The statements made in fair report in
parliamentary proceedings
Here the person is not exempt from inquiry
Compensation In India ,the punishment for Defamation is a simple imprisonment for up to two years or with fine or with both
Also one can claim for damages ,but the
calculation is complex and it is subjective
Also ,one seek for apology in public statement
form THANK YOU FAQ Libel(5) Difference between slander & libel(5/12)
What is defamation ? State defenses available for
tort of defamation (12) What is defamation ? Explain its ingredients citing relevant case laws (12)
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