It is very important for any individual to be reputed in the society and if any one try to harm the reputation then the person may sue them with certain penaties.So, Defamation is also related to the reputation of the person it define as it is the injury to the reputation of the person, if a person try to harm the reputation of the other, he does so at his own risk, as in the case of an interference with the property. As we know that the human‘s reputation is more valuable then any other property. Harming the reputation of a person not only through speak but also through gestures, writings etc.Defamation is divided into two parts i.e. Libel and Slander. Libel is define as the harming the reputation in permanent form for example:-through Painting, writing, printing and statues while Slander is define as the harming the reputation through some defamatory statements in a transit form for example:- by words or through gestures.
The Essentials of Defamation are:-
-The statement must be defamatory that means the statement must be spoken in the form in which it hurts or harm the reputation of the plaintiff it may be through humiliation, disgrace and ridicule the person.
– The Innuendo it means that the statement may prima facie be innocent but because of some other secondary meaning it considered to be defamatory for example:-Ram is like his mother may be defamatory if it is convey like he cheat like his mother.
– The statement must be referring to the plaintiff and he has to prove the statement which was given by the defendant harm the reputation of the plaintiff.
-The harmful statement must be published that means the defamatory statement must be known to some other persons as it only injury to the person when someone else know about the statement.
– In the case of Husband and Wife relation in the eyes of law the communication of a defamatory matter from the husband to the wife or vice versa there is no publication.
-In the case of repeated defamation every new fresh publication gives the new cause of the action not only author is liable for the defamatory matter but also the editor, printer, and publisher as well as some time the booksellers, librarian and the newspaper vendors all are the liable.
So for the Defamation certain defences are available for the person who try to defame the other person those defences are:_
- Justification or saying the truth about the defamatory statement is a complete defence under the civil law of action but in the case of criminal law proving the statement is true is not the defence.
- If making certain Fair Comment on the public matters of interest than it is a defence to an action of defamation it means the expression of opinion on certain facts. The comment must be fair means it must be based on true facts.
- Privilege that means sometimes the law recognizes that the right of free speech outweighs the plaintiff‘s right to reputation. The privileges are also of two types –a) Absolute Privilege it tells that no action lies for the defamatory statement even the statement is false. So in these cases the public interest demands the right to reputation should be given to the individuals so that they can attain the freedom of speech.
b) Qualified Privilege in this the defence is available in certain cases unlike the absolute defence of privilege. In this case it is necessary that the statement must be made without any malice and it also necessary that there must be an occasion for making the statement.
Aishwarya Says:
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