Defamation
Defamation means an act of spreading defamatory content which will lower the reputation of any individual or an entity when heard by an ordinary man.
Indian Penal Code states that, ‘whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person.’
Defamation laws are framed to:
Defamation may either be verbal or written which are termed as Slander and Libel respectively.
The major difference between two kinds is that for libel form of defamation, a written proof is available and thus it is actionable per se. whereas for slander form of defamation, the aggrieved person has to provide the conclusive proof. The same difference applied while claiming for special damages (any material damage which can be estimated in monetary terms or loss of money).
Another common observation is that slander may be the result of an unintentional result occurring due to any provocation in the heat of any staged or caused whereas libel shows definite malafide intent with a purpose to cause harm to the reputation of an individual or entity.
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Defamation has the following essential elements:
Remedies available are as per the relief sought, whether recovery of damages or punishment.
The claimant has the liability to prove that the statement is defamatory and is being referred to him. He has to prove that the intention of the accused was malafide. When asking for damages, the plaintiff has to prove that loss has been suffered due to such defamatory remark.
A criminal and civil case for defamation can be filed independently and or simultaneously.
A complaint can be filed before the appropriate Magistrate as per the jurisdiction with a nominal fee.
A civil suit can be filed to obtain damages from the accused as well as seeking an injunction to not continue with the [publication of defamatory material. Here the court fee to be paid shall be according to the quantum of relief being sought.
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