Defamation is a legal term that refers to any statement made by a person, whether verbal or printed, that causes harm to another person’s reputation or character.
It is the communication of a statement that makes a claim, expressly stated or implied to be accurate, that may give an individual, business, product, group, government, religion or nation a negative or inferior image.
This topic will let you understand what defamation is and how it works in india about laws too.
2. WHAT IS DEFAMATION?
Defamation is a legal term that refers to any statement made by
a person, whether verbal or printed, that causes harm to another
person’s reputation or character.
It is the communication of a statement that makes a claim,
expressly stated or implied to be accurate, that may give an
individual, business, product, group, government, religion or
nation a negative or inferior image.
3. WHAT IS CYBER DEFAMATION?
Cyber Defamation occurs when defamation takes place with the
help of computers and the internet.
Internet Defamation is a negative false statement of material fact
published on the internet.
Cyber Defamation is also called as Cyber Smearing.
5. Defamation in International Law
According to Article 17 of the United Nations International
Covenant on Civil and Political Rights, no person may be
subjected to unlawful interference with his family, home, privacy,
honor, or reputation. It also specifies that every person has the
right to be protected against such interference. A person
accused of making defamatory statements can be sued in civil
court for monetary damages. They may also be forced to retract
the statements made, especially if they were published in a
public forum, such as a newspaper or online.
6. Defamation in Indian Law
According to the Constitution of India, the purpose of criminal
defamation, "reasonable restrictions" are defined in Section 499[47] of
the IPC(Indian penal code). It says that Defamation takes place "by
words either spoken or intended to be read, or by signs or by visible
representations, to make or publish any imputation concerning any
person intending to harm, or knowing or having reason to believe that
such imputation will harm, the reputation, of such person".
The punishment for Defamation is a simple imprisonment for up to two
years or with fine or with both.
7. TYPES OF DEFAMATION
THERE ARE TWO TYPES OF DEFAMATION
1) Slander
2) Libel
SLANDER:-
If the offending material is published in some fleeting form, as by spoken words or
sounds, sign language, gestures or the like, then it is slander.
LIBEL:-
Libel is defined as defamation by written or printed words, pictures, or in any form
other than by spoken words or gestures.
8. Injury Caused by a Defamatory Statement
The Statement must have directly caused harm or injury to the
victim
1) Harm to reputation – the loss of a job, loss of customers, causing
the victim to become a social outcast.
2) Financial harm – the victim, whether personally or as a business
owner, experiences loss of business or money, or incurs expenses in
the attempt to repair his reputation.
12. Defenses to a Claim of Defamation
When a person is accused of defamation, the law looks at many
factors. Some common defenses to a claim of defamation may
include:
1) Statements made in good faith – the person who made the
statements reasonably believed that the statements were true.
2) Opinion – because opinions are considered subjective, and not
necessarily false, they are not considered defamatory.
13. Defenses to a Claim of Defamation
3) Verbal abuse – if a statement made is not to be taken literally
or believed, such as name-calling in anger, it is not considered
defamatory.
4) Unbelieved statement – if the person hearing the defamatory
statement does not believe it, or does not take an interest in it,
the statement is considered not to have harmed the victim’s
reputation in any way.
5) No consent – the victim must not have given consent to the
person making the statements, whether verbally or in writing.
14. “FOR PEOPLE OF HONOUR, DEFAMATION IS WORSE THAN
DEATH”
- BHAGAVAD GITA