This Article is written by Falguni Ghude & this article discuss the concept of Defamation
Index
- Introduction
- Meaning
- Statutory provision
- Principles of defamation
- Types of Defamation
- Elaborating the explanations in the section 499
- There are forms of defamation based on the publication discussed in the section 499 of
IPC
- Civil defamation
- Criminal defamation
- Exceptions discussed in the law of defamation
- Burden of proof
- Punishments for the law of Defamation
- Case law
- Conclusion
- Author details
- References
Introduction:-
To know the defamation, firstly we have to know the meaning of injury. Because defamation is the injury to the reputation. Injury is four types, they are :-
Body injury
Mind injury Property injury
Reputation injury.
Meaning:-
Defamation is to make a false statement which harms the reputation of a citizen. In IPC and many other laws the defamation had been explained by the great people and by many principles & exceptions. The main aim of defamation is to protect the citizens’ reputation in the society as discussed in Article 21 of the constitution . In modern times, the law of Defamation is wrongly used by many individuals. It caused a limit for the term reputation of the individual in the Society and also the freedom of speech of the individuals. Thus, it is amended to suit modern society.
Statutory provision:-
The law of Defamation is discussed in the following statutory provisions. they are:-
Section 499, explains about the subject matter of defamation.
Section 500, explain about the Punishment of defamation.
Principles of defamation:-
Nothing is stated to be defamation when it does not fall within the Principles of the Defamation.
They are:-
It must be made to the petitioner.
The made statement must be fake which lowers the reputation of the petitioner.
It must be given in the Public (means in the conversation of the third person) It must be spoken, written or by visible representation.
Types of Defamation:-
The defamation had the following types in the nature, they are :-
Libel:- The statement made given in the form of writing.
Illustration:- The One Publications had included the famous hero in the bankruptcy Case.
Slander:-The statement made by the oral (or) in the speech.
Illustration:- The MP had defamed that the opposition party promises are only the wind Promise and not the applicable ones.
Elaborating the explanations in the section 499:-
Explanation 1 explains:-
If it hurt the feelings of the deceased family members.
It has to hurt the own feelings of the defamed person. illustration:- The famous Hero has recently died. A producer had conducted the press meet related to an affair between her and him which does not exist.
Explanation 2 explains:-
The statement given for the defamation is to defame the company or a group of persons.
Illustration:- Launching a false downfall of the shares related to a reputed company.
Explanation 3 explains:-
That the defamation is directly related to the defamed person in a jovial manner.
Explanation 4 explais:-
The defamation is related to the one community or caste or any personality of the individual.
There are forms of defamation based on the publication discussed in the section 499 of IPC.
They are:-
Directly related and communicated to defamed persons.
And another is by the means of the repetitive publications in any article.
Civil defamation:-
Civil defamation is defamation which could injure the reputation of the person by the “false statement and without the consent of the defamed person”. By this action the monetary relief will be given by the court, for the act of civil defamation. But the following conditions have to be fulfilled. They are:-
The defamatory statement has to be present, not an illustrative One it has to be really present.
The statement has to relate to a group of people.
It has to be oral (or) written.
It must be done in the presence of the third person. No, defamation will be made without the presence of another person within the two parties.
Criminal Defamation:-
In Criminal defamation the imprisonment will be given to the offender if the court will get the statement of Defamation is under the law and it will harm the reputation of the person. Unlike Civil defamation it does not award any compensation.
Exceptions discussed in the law of defamation:-
The following are the exceptions which do not come under the law of defamation. they are:-
Which is made under the legislature, Executive, judiciary proceedings.
Illustration:- The CM in the assembly defamed the opposition in the parliamentary sessions. Illustration:- The opposition lawyer in the court defamed the offender as a criminal before the judgment.
Which is actually the truth.
Burden of proof:-
Burden of proof lies on the side of the plaintiff only. He is the petitioner of the case, so he has to prove to the court for the winning of the case.
Burden of proof means the responsibility to prove that something is injured to the plaintiff which can be compensated to him only when he proved before the court.
In the case of the Defamation the plaintiff has to prove the statement of Defamation is
false and made on behalf of the third person which is oral or written.
Punishments for the law of Defamation:-
The punishments are discussed in section 500 of the IPC which include the maximum sentence for the law related to defamation is 2 years according to the related case.
Care law:-
1.Subramanian Swamy vs union of india:-
The supreme court upheld the law of Defamation. It says to maintain a difference between the judiciary proceedings related to the law of Defamation and the fundamental right of Right to speech. No principle has to affect another principle.
2.Shreya Singhal Vs. Union of India (2015):-
The supreme court explained in this case the Defamation through online communication is also offendable. According to section 66A of the Information Technology act sending the offensive message through the medium of communication is also an offense.
Conclusion:-
The law of Defamation is the only law which can give the Security to the citizens and put fear in the speech of the citizens. Does not give scope to the individuals to intentionally defame the reputation of the individuals.
References
- https://unacademy.com/content/upsc/study-material/law/defamation/
- https://www.northeastlawjournal.com/post/defamation-meaning-essentials-defences-and-position-in-india
- https://www.lexisnexis.co.uk/store/products/duncan-and-neill-on-defamation-and-other-media-and-communications-claims-fifth-edition-skuuksku9781474317221DNOD583755/details
