How can we test of defamatory statement?

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There are certain established rules to determine whether statement is defamatory or not. The first rule is that the whole of the statement complained of must be read and not only a part or parts of it. The second is that words are to be taken in the sense of their natural and ordinary meaning…. Read more »

What are the essentials of Defamation?

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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… Read more »

What are the distinction between Libel and Slander?

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Slander may be the result of a sudden provocation uttered in the heat of the moment, while the libel implies grater deliberation and raises a suggestion of malice. Libel is likely to cause more harm to the person defamed than slander. Because there is a strong tendency everywhere on the part of most people to… Read more »

What are the types of defamation?

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Defamation may be committed in two ways viz., (i) speech, or (ii) by writing and its equivalent modes. The English common law describes the former as ‘SLANDER’ and the latter as ‘LIBEL’. The former is a spoken defamation while the latter a written defamation which may assume various forms, like physical symbols, statues, effigies, picture,… Read more »

What are the conditions to be satisfied under criminal law in defamation case?

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defamation

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… Read more »

What are conditions to be satisfied in a civil suit under defamation?

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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… Read more »

What are the exceptions to defamation?

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defamation

Here are the some exceptions to defamation – Truth for public good – Truth is an absolute defense in civil cases. But, in criminal proceedings, it must be proved that the imputation was made for public good. Notwithstanding the intention of an individual, no defamation suit holds good against him if he imputes something true. Accusations, censure… Read more »

If I write something defamatory, will a retraction help?

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Some jurisdictions have retraction statutes that provide protection from defamation lawsuits if the publisher retracts the allegedly defamatory statement. For example, in California, a plaintiff who fails to demand a retraction of a statement made in a newspaper or radio or television broadcast, or who demands and receives a retraction, is limited to getting “special… Read more »

What defenses may be available to someone who is sued for defamation?

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There are ordinarily 6 possible defenses available to a defendant who is sued for libel (published defamatory communication.) – 1. Truth. This is a complete defense, but may be difficult to prove. 2. Fair comment on a matter of public interest. This defense applies to “opinion” only, as compared to a statement of fact. The… Read more »

When to file for Defamation?

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If someone damages your reputation by way of slander or libel, you may have grounds to sue for defamation. “Slander” is the crime of making a false, spoken statement damaging a person’s reputation. “Libel” is a false published, written statement damaging a person’s reputation. Some states combine libel and slander claims under the umbrella term… Read more »