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What are the essentials of Defamation?

What are the essentials of Defamation?

An obvious question arises about essentials of defamation under Indian Law. Because, whenever defamation is agitated before any Civil Court, the proof has to travel around certain essentials. Therefore, it becomes necessary to try to enlist those essentials or requisites constituting defamation as civil wrong.

There are in general four essentials of the tort of defamation, namely –

a. There must be a defamatory statement.

b. The defamatory statement must be understood by right thinking or reasonable minded persons as referring to the plaintiff.

c. There must be publication of the defamatory statement, that is to say, it must be communicated to some person other than the plaintiff himself. d. In case of slander either there must be proof of special damages or the slander must come within the serious classes of cases in which it is actionable per se.

Defamation is the communication of a false statement that harms the reputation of an individual person, business, product,group, government, religion, or nation.


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