What is Defamation?
A false statement that harms the reputation of a person, business, product, group, government, religion or nation is called defamation.
Types of Defamation
Defamation can take two forms.
- Libel Defamation
- Slander Defamation
Libel Defamation :- Libel defamation is a form of defamation that occurs false allegation Libor insult is made against someone in published or written form, such as in newspapers, magazines, books, or online posts. These false statements must be presented as factual assertions rather than opinions, and they must harm the reputation of an individual, group, or organization.
Slander Defamation:- Slander defamation involves making false and defamatory spoken statements that harm the reputation of an individual, group, or organization.
Which section is applicable in defamation case?
According to Section 499 of Indian Penal Code, 1860 spreading rumours about someone, making comments, publishing anything against his honour and respect is considered defamation. There are provisions for punishment for defamation under section 500. Where the criminal is kept in ordinary imprisonment for two years.
In case of Criminal Defamation, a private Complaint is filed before the Judicial Magistrate.
In Civil Defamation, a person who is defamed can move the competent Court having pecuniary jurisdiction and seek damages in the form of monetary compensation.
Where to file Civil Defamation Case?
Under Section 19 of Civil Procedure Code (CPC) civil suit can be filed either
- where the Defendant resides
- where the Defamatory statement was made/published.
Essential Ingredients of Defamation:
Regardless of whether a defamation action is framed in libel or slander, the plaintiff must always prove the following:
- That the words, pictures, gestures, etc. are defamatory.
- That the plaintiff must show that they refer to him.
- That they were maliciously published.
Few general Defenses/Exceptions to Defamation:
There are following exceptions for Defamation under Sec. 499 IPC: –
- Imputation of truth which public good requires be making or publishing.
- Public conduct of public servant.
- Conduct of any person touching any public question.
- Publication of reports of proceedings of courts.
- Merits of the case decided in court or conduct of witnesses and others concerned.
- Merits of Public performance.
- Censure passed in good faith by person having lawful authority over another.
- Accusation preferred in good faith to authorized person.
- Imputation made in good faith by person for protection of his or other’s interests.