MEANING OF THE TERM DEFAMATION: “Written or talked-out, any sort of deliberately false statement can impair the reputation of a person or lessen respect, consideration, or trust; or persuade a person to be defamatory or to be unfriendly to or unwelcome to the person.”
The reputation of a man is treated as his belongings and the damage is penalized by law. It might be written or spoken. Written defamation written or typed text or images is known as slander and spoken defamation.
DEFAMATION LAW IN INDIA: Several freedoms are given to citizens under Article 19 of the Constitution. However, the reasonable exemption from freedom of expression provided for by Article 19(2) has been imposed by Article 19(1) (a). Disgust, slander, and incitation to a crime are notable exclusions.
Civil and criminal law offences are defamation. Civilian law punishes defamation in accordance with the Law of Torts by punishing the complainant for damages. Crime is a resilient, unrecognisable offence and a complicated offence under Criminal Law. Consequently, a police officer may only arrest a judge on an arrest warrant. The Indian Penal Code penalises the crime by a single sentence of two or both years’ imprisonment.
TYPES OF DEFAMATION:a) Civil Defamation– The declarations which were made must be untrue and made without the consent of the accused defamed. The defamation defendant may claim monetary compensation. Some prerequisites apply to successful defamation suits. They are the following:
1.) A defamatory declaration is necessary. Defamatory contents are calculated by exposing them to hatred, disdain, or ridiculous in order to damage a person’s reputation or class of people. It must be calculated from the perspective of an ordinary man and his understanding of the topic if it hurts the reputation.
2.) Secondly, a person or a class of persons must be subject to the declarations. General declarations like all “corrupt politicians” are too broad and no particular politician can be offset.
3.) It shall be published orally or in writing. There can be no defamation until the contents are made available to a third party. If a letter is sent in a language that the recipient does not know, he must read the letter to him in a third person. If any assertion of defamation is made in it, it constitutes defamation even if it is sent in private, since a third person’s support was necessary for reading it.
A successful defamation suit remains when all these elements are fulfilled. The defendant can argue that-
- The declaration released was accurate,
- Fair public interest remarks based on true happenings,
- Some people are privileged to make statements, even if defamatory, such as court proceedings and parliamentary members.
The suit will succeed if the defendant fails to prove its act.
b) Criminal Defamation– It is merely defamation that might be awarded simple imprisonment. Intending to slander is necessary under criminal action. It should be alleged in a malicious manner to defame someone else or, at least, to understand that it is essential to publish someone other. Without reasonable doubt, it must be proven that the act was done to degrade another’s reputation.
The Indian Penal Code of 1860, Section 499, defines defamation and exceptional defamation. Words or signs which are ascribed to damage or know that they are harmful. If anything is imputed on an individual who has died, it may amount to defamation if that imputation would damage his reputation. Companies or associations are classified among humans. It is not defamation unless the supposed defamatory declaration reduces either directly or indirectly the moral or intellectual character or its respect for its caste or its appeal for other people.
Persons making diamond declarations shall be excluded from sanctions if they fall within one of ten exclusions laid down in Section 499. It is: –
1.) Acknowledgement of any public truth. 1. Unless it is for the public good, truth is seldom a defence.
2.) Any good-faith opinion about the conduct of an official in carrying out his public tasks.
3.) Any opinion in good faith regarding any person’s conduct concerning a public matter.
4.) It is not defamation to publish factual reports of the proceedings of Courts or the outcome of the proceedings.
5.) Any opinion stated in good faith in relation to the merits or behaviour of any individual as a party, witness or agent of any civil or criminal case ruled upon by the Court of Justice and not any other party.
6.) Opinions made on the merits of the performances presented by its author or on the author, if stated in good faith, are not defamatory.
7.) Personal censorship is not defamation and does not have jurisdiction over another one bestowed in good faith either by law or from a valid contract. The formal declaration of serious disagreement is censure.
8.) Any person with legitimate power in good faith is excepted from defamations for charges of offence. Claims of master’s servants and parent’s children are exemplary.
9.) Character statements are not defamations when made to safeguard the interests of the individual or any other person expressing them, or for the benefit of the public.
10.) No caution is issued against a person if it is intended for the good of the person, or for any other person, or for the public interest.
Under Section 500 of the code, defamation is punishable by simple imprisonment for a period of two years or a fine, or by both, if it does not fall within the aforesaid exception. The Indian Penal Code punishes the sales or printing of a substance known to be defamatory or contains a diamond in the same way as the discharge of defamation.
CONCLUSION: Everyone’s reputation is an asset. Any damage to such a property can be treated lawfully. Defamation laws were adopted to prohibit anyone from using their freedom of expression and expression in a malicious manner. There is no distinction between divorce and slander in Indian law. Otherwise, it could have been possible to commit slander and avoid legislation by not publishing it in writing.
BIBLIOGRAPHY: https://www.legalserviceindia.com/legal/article-2224-defamation-law-in-india.html
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