Defamation is falsely saying things that hurt someone’s reputation. There is spoken defamation (slander) and written defamation (libel). Defamation law balances a person’s right to reputation with free speech. If someone has defamed you, civil lawyers can assist you in filing a defamation action, seeking compensation, and restoring your reputation. Defamation laws are extremely important to an individual’s right to reputation, recognized as part of the right to life and personal liberty in Article 21 of the Indian Constitution. Because defamation law protects reputation, it is an important limitation on free speech, ensuring that free speech is protected, but also that it is not abused to spread falsehoods that damage someone’s professional or social status.
What Is Defamation?
The Criminal Code of India, the meaning of defamation is stated in section 499 of the IPC as making or publishing any false statement about someone with the intention of harming that person’s reputation. Defamation comes in two forms: spoken comments (slander), written or printed material (libel), and mentions or comments made online or via social media to disseminate false, untrue or misleading information. Defamation must be contrasted with fair criticism. Fair criticism (for instance, a bona fide opinion with malice excluded, and based on truth regarding a matter of public interest) is not considered defamation. Continue reading below for information relating to disputes, such as this one, involving these types of civil disputes in India.
Legal Provisions Governing Defamation
In India, defamation is mainly covered by Sections 499 and 500 of the Indian Penal Code (IPC).Section 499 specifically defines defamation as the act of making or publishing false statements or representations intended to cause damage to another person’s reputation. Section 500 sets forth the penalty defined for defamation as imprisonment for up to two years, a fine of up to 200 rupees, or both imprisonment and a fine. Defamation can be pursued in civil or criminal law. In civil defamation cases, the plaintiff typically seeks monetary relief although in a criminal defamation case, the offending party will be arrested, charged, and punished under the law. Protecting one’s reputation is important; however, it is equally important to keep in mind that the Constitution of India guarantees freedom of speech and expression (Article 19(1)(a)) and that reasonable restrictions under Article 19(2) shall not be deemed abuse of this right.
Types of Defamation
1. Libel
This term applies to defamation that is written, printed, or visual and can cause “permanent” damage to a person’s reputation. An example of libel would be when a newspaper, magazine, blog, or social media post carries an untrue claim against someone. Since something that is published can be read for a prolonged period of time, libel is generally considered a more serious issue than spoken defamation.
2. Slander
This refers to defamation that is spoken or vocal (and includes gestures and/or comments), and can be detrimental to a person’s image. An example of slander can be when someone spreads untrue information about you in a public setting, such as a public meeting or television interview. Even though slander is likely going to be talked about in a moment in time, it still has negative social or professional consequences.
Essentials to Prove Defamation in Court
While it varies from state to state, an action for defamation must prove the following elements:
1. False and Published Statement:
The statement must be false, and must be published to at least one person other than the individual the statement was directed to. Merely offensive or derogatory statements do not suffice, as they must also refer to something that is untrue and damaging in its content and substance.
2. Plaintiff Must Be Identified:
It must identify, or suggest the individual who is defamed, whether by name, description, image, or something that would allow others to determine who the statement was about.
3. Damage to the Plaintiff’s Reputation:
The statement must lower the individual’s reputation in the view of others, and expose them to hatred, ridicule, or shunning.
4. Intent or Knowledge of Harm:
The person making the statement must either have acted with the intention of doing harm or acted with knowledge that a reasonable person could expect that the statement was likely to harm the other’s reputation.
5. No Defences Exist:
The defendant must not be able to assert indeed defenses, such as the statement being true, or a fair comment, a privilege, and so on.
The above five criteria serve a dual purpose in defamation, and they simultaneously encourage the protection of a person’s legitimate reputation, while abusing defamation law to interfere with the ability of a person’s constitutionally protected free speech, not to be commented on or criticized.
Defences Against Defamation
Generally, a person liable for defamation can raise the following defenses:
1. Truth for Public Benefit: If the statement is true and is in the public benefit, it is a defense to defamation.
2. Fair Comment and Opinion: An opinion that is pure, a fair comment on a public matter, and based on true facts is protected.
3. Privilege (Absolute or Qualified): Some communications are privileged –
i) Absolute privilege: statement in Parliament, statement in Court or other official actions.
ii) Qualified privilege: statements made in good faith for an honest purpose, including employment references.
Procedure to File a Defamation Case in India
If you have been a victim of defamation, follow the steps below to bring a defamation claim against the offending party:
- See a lawyer – receive legal advice from an experienced civil lawyer about the validity of your claim.
- Serve a legal notice – once you are ready to proceed, serve the alleged defamer with a notice of alleged defamation with an option to retract the statement or apologize.
- Create and file an application of plaintiff – you will file an application of plaintiff into the proper civil court.
- Proceed with court hearings and evidence – you will have to bring documents, witnesses and etc., to establish that the defamation occurred.
- Judgment and damages – the judge will determine whether or not the was defamation, and if so, what amount of compensation (monetary) to award you in damages.
For more information and guidance details, see our article on how to file a civil suit in India.
Remedies for Defamation
A person who has suffered damage to their honour and/or reputation due to defamation whether written, spoken, or electronic, may file a number of other actions under Indian law.
a) Civil Damages (Monetary Compensation): The most frequently sought civil remedy includes damages. The amount of damages will depend upon the degree of defamation, the parties’ relative positions, and the nature and extent of circulation.
i) General Damages: for injury to reputation and for mental distress.
ii) Special Damages: for actual monetary loss sustained as a result of the defamation.
b) Injunction (Preventative Remedy): A court may issue a temporary or permanent injunction to prevent the defendant from publishing or disseminating further defamatory material. This is helpful when a defendant post a infringement in a media or online setting when publication of the original defamatory statement is never-ending.
c) Public Apology or Retraction: To further help provide restitution to the aggrieved person’s reputation and provide responsibility, courts may instruct the defendant to issue a public apology or retraction.
d) Criminal Remedies: Under Section 499 and 500 of the Indian Penal Code (IPC) levelling defamation is also a criminal offence punishable by two years imprisonment, fine or both.
Online Defamation and Cyber Law
When a person publishes false and damaging statements about another person or an organization on social media, blogs, or other means of digital publishing, this is commonly referred to as online defamation. Online defamation falls within the provisions of the Indian Penal Code (Sections 499-500) and the Information Technology Act, 2000, which specify issues of publication, intermediary liability, and online evidence. Generally, courts will look upon cyber defamation like any other kind of defamation, though special challenges regarding authorship/internet address, jurisdiction, and the truth, using electronic documents, may arise. Victims have a number of options available to them including content takedown, injunctions, or damages; however, third parties (specifically multi-media vendors) are required to comply with valid content removal requests.
The Role of Civil Lawyers in Defamation Law
In the field of defamation law, civil lawyers are necessary and serve the betrayed party in obtaining practical and functional means of restoring their reputation and obtaining justice. Civil lawyers may have the professional functions of:
1. Collecting Evidence and Drafting the Demand Letter:
Civil lawyers assist in the collection of competent evidence (e.g. publications, screenshots, or witness evidence), and the drafting competent demand letter to a defendant seeking an apology, retraction, or payment of damages.
2. Advocacy for Plaintiff in Court:
An experienced civil attorney will provide plaintiff advocacy throughout the court process (i.e., filing a plaint, preparing the submissions, and presenting evidence at trial).
3. Settling Out of Court:
Lawyers assist with negotiations for either a settlement between the parties (which usually allow them to settle their differences amicably and preserve the injured party’s reputation and other legal rights or interest).
To consult a good civil lawyers in Bangalore, you can contact Prime Legal, one of the best firms in Bangalore.
Conclusion
Defamation laws in India are valued legal protections of individuals dignity, integrity, and reputation, which is understood to be an inherent aspect of the right to life provision in Article 21 of the Constitution.
Defamation, whenever it arises in print, speech, or otherwise on-line, has the potential to cause serious, damaging, and embarrassing effects to the complainant. In this regard, the law provides both civil and criminal measures to protect an individual or entity from untrue and malicious statements.
As communication modes have changed with greater embrace of social media and online platforms, there are increased instances of cyber defamation. It is important for people not only to know and understand their rights, but also to understand and recognize defamatory conduct so they can assert their legal status. If the public is better educated about their rights, the public will be equipped to minimize reputation damage and prevent subsequent defamation.
FAQs
1. What are the 4 elements of defamation?
The four elements of defamation are a False statement presented as a fact, Publication or communication of that statement to a third person, Fault or negligence on the part of the person making the statement, and Damage or harm caused to the reputation of the affected person.
2. What is the Limitation Period for Defamation?
For civil cases, the limitation period for limitation is one year, while in criminal cases it is three years from the date of publishing the defamatory material.
3. What is the law of defamation in India?
It specifically provides in Section 501 IPC that “whoever prints or engraves any matter, knowing or having good reason to believe, that such matter is defamatory of any person, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or to both”
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