How can we test of defamatory statement?

How can we test of defamatory statement?
How can we test of defamatory statement?

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. The Court must have regard to what the words would convey to the ordinary man.

The test to be applied for the determination of the question whether a statement is defamatory is the answer to the question, ‘would the words tend to lower the plaintiff in the estimation of right-thinking members of society?’

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

A mans reputation is his property. It is a jus in rem, a right good against all the world. IPC 498a libel comes under libel(written) and when published in newspapers. It is of permanent form and criminal in nature. Cause of action arises when statement or complaint is (i) false, (ii) in writing; (iii) defamatory; and (iv) published.

What are the essentials of Defamation?

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.

What are the distinction between Libel and Slander?

What are the distinction between Libel and Slander?
What are the distinction between Libel and Slander?

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 believe anything they see in print.

In general slander is actionable only on proof of special damage, but in exceptional cases slander is actionable per se or without proof of special damage. Words which are not defamatory in their ordinary sense may, nevertheless, convey a defamatory meaning owing to the circumstances in which they are spoken. Such words are actionable if it is proved that would be understood as defamatory by the persons to whom they were published.

File for Defamation :

A mans reputation is his property. It is a jus in rem, a right good against all the world. IPC 498a libel comes under libel(written) and when published in newspapers. It is of permanent form and criminal in nature. Cause of action arises when statement or complaint is (i) false, (ii) in writing; (iii) defamatory; and (iv) published.

What are the types of defamation?

What are the types of defamation?
What are the types of defamation?

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, caricature, wax model, etc.

To slander also various forms have been attributed. It may be committed by representations or in other manners which are treated as equivalent to speech, like shake of the head, nod, winking, hissing, and many others. Though under the common law of England distinction is made between the two in various aspects, but, in India no such distinction has been made.

The word defamation is driven from Latin word ‘Diffamare’. Semantics or Etymology of the Latin word ‘Diffamare’ provides that it means ‘Spreading evil report about someone’. Thus, defamation is nothing but causing damage to reputation of another. Thus the question of defamation is primarily linked up with one’s reputation. But the concept is nowhere defined in books of laws. Though many definitions have been attempted to circumscribe this word ‘defamation’, none has been found exhaustive.

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

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

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.

Defamation is a false and unprivileged statement of fact that is harmful to someone’s reputation, and published “with fault,” meaning as a result of negligence or malice. State laws often define defamationin specific ways. Libel is a written defamation; slander is a spokendefamation.

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

Conditions to be satisfied in a civil suit

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

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.

Defamation is a false and unprivileged statement of fact that is harmful to someone’s reputation, and published “with fault,” meaning as a result of negligence or malice. State laws often define defamation in specific ways. Libel is a written defamation; slander is a spoken defamation.

What are the exceptions to defamation?

What are the exceptions to defamation?
What are the exceptions to 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 or imputation made in good faith by person having lawful authority are also exceptions.

Fair comment – Exception of fair comment is allowed in case it is made clear that the publication clearly expresses an opinion and does not support any facts. Similarly expression of an opinion in good faith regarding the merits of an individual’s performance thrown open to the public for a judgment is a fair defense for a person charged with libel.

Defamation is a false and unprivileged statement of fact that is harmful to someone’s reputation, and published “with fault,” meaning as a result of negligence or malice. State laws often define defamation in specific ways. Libel is a written defamation; slander is a spoken defamation.

If I write something defamatory, will a retraction help?

If I write something defamatory, will a retraction help?
If I write something defamatory, will a retraction help?

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 damages” ? the specific monetary losses caused by the libelous speech.

While few courts have addressed retraction statutes with regard to online publications, a Georgia court denied punitive damages based on the plaintiff’s failure to request a retraction for something posted on an Internet bulletin board. (See Mathis v. Cannon)

If you get a reasonable retraction request, it may help you to comply. The retraction must be “substantially as conspicuous” as the original alleged defamation.

Generally, defamation is a false and unprivileged statement of fact that is harmful to someone’s reputation, and published “with fault,” meaning as a result of negligence or malice. State laws often define defamation in specific ways. Libel is a written defamation; slander is a spoken defamation.

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

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

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 defendant usually needs to prove that the opinion is honestly held and the comments were not motivated by actual “malice.” ( Malice means knowledge of falsity or reckless disregard for the truth of falsity of the defamatory statement.)
3. Privilege. The privilege may be absolute or qualified. Privilege generally exists where the speaker or writer has a duty to communicate to a specific person or persons on a given occasion. In some cases the privilege is qualified and may be lost if the publication is unnecessarily wide or made with malice.
4. Consent. This is rarely available, as plaintiffs will not ordinarily agree to the publication of statements that they find offensive.
5. Innocent dissemination. In some caes a party who has no knowledge of the content of a defamatory statement may use this defense. For example, a mailman who delivers a sealed envelope containing a defamatory statement, is not legally liable for any damages that come about from the statement.
6. Plaintiff’s poor reputation. Defendant can mitigate (lessen) damages for a defamatory statement by proving that the plaintiff did not have a good reputation to begin with. Defendant ordinarily can prove plaintiff’s poor reputation by calling witnesses with knowledge of the plaintiff’s prior reputation relating to the defamatory content.

When to file for Defamation?

When to file for Defamation?
When to file for Defamation?

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 “defamation.”

Other states still distinguish between the two, requiring the appropriate civil suit for the respective offense. Defamation cases are notoriously difficult to win since the burden of proof is on the plaintiff to prove that a statement is defamatory and damaging. Even if a statement is defamatory, many cases (such as cases involving someone who is a public figure) require proving actual malice. Learn how to help your case if you are considering whether you have grounds to sue for defamation.

Defamation – Defamation is a false and unprivileged statement of fact that is harmful to someone’s reputation, and published “with fault,” meaning as a result of negligence or malice. State laws often define defamation in specific ways. Libel is a written defamation; slander is a spoken defamation.