Defamation | Essentials | defence | libel | slander | Exceptional | case

Defamation | Essentials | defence | libel | slander | Exceptional | case

Defamation is the act of harming another person's reputation.

Defamation | Essentials | defence | libel | slander | Exceptional | case

Defamation

Defamation is a legal term that refers to the act of making a false and damaging statement about a person, business, or organization, which harms their reputation or character. The false statements is either in spoken(slander) or written(libel) form.

Defamation is a civil and also criminal

• Criminal in IPC. Sec 499, sec 500, sec 501.

• Reputation like, as property or status.

• If at all feasible, a man's Reportation is his property and is worth more than other things.

Essentials of defamation.

1 The statement must be defamatory.

2 The said statement must be refer to plaintiff.

3 The statement must be published or listened by more peoples.

Defences

1 justification or truth.

2 fair comment.

3 privileged either absolute and qualified.

• absolute:- given right to defame other such as

1 parliamentary proceeding.

2 state communication.

3 judicial proceeding.

Defamation is either directly or indirectly.

•Indirectly defamation is also called Innuendo.

Sometimes the statement is defamatory directly but on the other hand. Sometimes the statement is innocent directly but because of some latent (hidden) or secondary meaning it may be considered to defamator.

Therefore where the natural and ordinary meaning of a statement is no defamatory but the plaintiff wants to bring the action for defamation, he must prove the latent or the secondary meaning that innuendo which makes the statement defamatory.

Types of defamation

• Libel and slander.

Libel

1 liabel is both a tort as well as criminal offence.

2 Liabel is in all cases actionable per se.that is to say, it is not necessary to prove special damage

3 Permanent form.

4 Example :- tresspass, written form, picture, print, addressed to eye etc.

Slander 

1 slander is only a civil wrong.

2 it's is not actionable per sec. Proof of the   special damages but exceptional in some   cases.where slander become actionable per   sec

3 Temporary form.

4 Example :- orally, gesture, listen by ears etc.

• Exception where slander become actionable per se.

1 Imputation of unchastity or adulitly to any      women or girl.

2 Imputation of a criminal offence to the  plaintiff like Murder, Rapist etc.

3 Impugning someone as being inept, dishonest, or unqualified for a job in an office.

4 Allegations of serious contagious diseases: False claims that someone has a dangerous contagious disease, such as HIV/AIDS, may be considered slander per se.

Case

South Indian Railway vs Ramakrishna(1890).

In this case, the guard approached a carriage to examine the ticket and while doing so, he spoke to a person he believed to be traveling illegally. The individual presented the ticket and then filed a defamation case. claim against the railroad corporation.

Issue:- wheather the railway company liable for defamation.

Judgement:- it was held that it was the work of the guard to check the ticket. Thus, the railway company were not held liable.

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