Types of Defamation

This is law which defines what basically defamation means and the exceptions related to it. There are basically 3 forms of defamation. These are as follows-

  • Libel Defamation- It is printing statement about something which is not true in written words or pictures. False and malicious statements made in writing, printed on signs or published on a public forum are the most important examples of Libel defamation along with Consideration of Libel Defamation is public defamatory statements or pictures through the media. The plaintiff was directly or indirectly identified, the remarks were defamatory towards the plaintiff’s reputation, and the published information is false and that the defendant is at fault are the most essential elements which constitutes the offence of Libel Defamation.
  • Slander Defamation- making false spoken statements damaging person’s reputation. It is basically a spoken statement about somebody that is not true and that is intended to damage the good opinion that other people have of him/her, the legal offence of making this kind of statement. Basically it is an oral or spoken defamation and it is the legal term which can be seen as the method of harming the reputation of an individual by telling about him/her to another all the untrue facts and false statements. Slander can be the basis for a lawsuit and is considered a civil wrong. In order to constitute the offence of slander there should be two elements –

The Statement should be made- A statement can be made by words either spoken or intended to be read, or by signs or by visible representations

The statement must refer to the plaintiff- The defamatory statement must refer to the person, class of persons or the trustees of a company

  • Innuendo- an allusive or oblique (must expressed in a direct way) hint having secondary meaning or it can be said as an indirect way of talking about somebody/something, usually suggesting bad or rude. Examples related to innuendo are-

Imagine a friend is dating someone in secret. A possible use of innuendo would be o say:

Mark’s been spending a lot of time with Allison, if you know what I mean

For a second example, imagine a friend is preparing to cheat on a test with a stolen answer key. He says:

I’ve found a way to get some “extra help” on the test.

These are some of the types of the defamation. Some of the facts which are related to defamation in India are as follows-

Defamation is something which is labeled by those who have a public image, such as celebrities, renowned writers or journalists, people holding high offices, eminent professionals, etc. Recent case which is related to defamation in India is associated with journalist-turned-politician MJ Akbar against one of the journalists who accused him sexual of harassment during his days as a scribe. The Minister, who is the Minister of State for External Affairs, is the most prominent name to come up as an accused in the #Me Too Movement which has exposed many celebrities as alleged harassers.

Another recent case which is related to defamation in India is related to defamation against Javed Akhtar by the actress Kangana Ranaut where the Mumbai Court issued summons to actress Kangana Ranaut after the city police informed it that an offence of defamation, as alleged by lyricist Javed Akhtar against the actress, is made out and further probe into it is required. The Andheri Metropolitan Magistrate in December 2020 directed the Juhu Police to conduct an inquiry into the complaint of defamation filed by Mr Akhtar against Ms Ranaut before the court in November last year.

These are some of the recent cases and laws which are there for defamation in Indian Penal Code 1860.

Aishwarya Says:

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