In a criminal suit, the complainant should be able to prove the accused intended to defame him. In the absence of intention it must be established that the alleged offender had knowledge that the publication was likely to defame the person. Normal stand of proof in criminal cases, which is to prove the offence beyond reasonable doubt, should also be placed before the court.
Conditions to be satisfied in a civil suit
Law defines defamatory content as one “calculated to injure the reputation of another by exposing him to hatred, contempt or ridicule.” This is the first condition required to be fulfilled under the civil remedy.
Second, the claimant should be identified in the defamatory statement. It must address a particular person and no broad based classification is acceptable.
And lastly there must be publication of the defamatory statement in either oral or written form. A civil defamation law would stand once these conditions are attained. The defendant then has to plead his defense.