Defamation

Every man has the right to defend his reputation, which is considered an important property.  This right is a right in rem i.e a right good against all the person’s in the world. Defamation is defined as any intentional false communication, whether written or spoken, that destroys a person’s reputation, diminishes a person’s respect, esteem, or confidence, or generates disparaging, hostile, or disagreeable ideas or feelings against a person. A visitor accusing a restaurant owner of food poisoning, even if it was not the restaurant’s food that made them sick, is an example of defamation. If the consumer spread the incorrect information to other customers, the business owner may be able to sue for defamation. Defamation is basically the act of making false claims about other people in order to harm their reputation.  A defamatory statement can be passed on using two ways which are LIBEL and SLANDER.

Let us firstly highlight the concept of libel , The proof in dispute must be proven as defamatory, untrue, made public, or in writing for the remark to be considered under libel. The plaintiff should be mentioned in the defamatory comment, either directly or indirectly. In addition, this comment should make a reasonable relationship between the individual and the comment. If the defamatory remark falls within the category of libel, the plaintiff merely needs to show the fundamental factors, namely that 1) the defendant made a defamatory statement about the plaintiff and 2) other individuals were exposed to the statement. There are no additional prerequisites because the law assumes that once a defamatory comment has been published in written or other formats, it has been published.

Next comes slander , Slander can also be carried out in a manner that closely resembles libel. For example, if you dictate some defamatory remarks to your clerk, who then puts them on letterhead, the third person will be communicated with through the speech. As a result, in this scenario, the mode of transmission is deemed transitory.

Some examples of defamation are – Falsely reporting a coworker for sexual harassment, which could result in any of the elements for defamation , Falsely claiming that a restaurant serves meat from dogs, causing potential consumers to avoid the establishment and so on.

“General damages” are inferred if the plaintiff has successfully shown defamation. The plaintiff is not only restricted to damages that reflect his or her economic losses, but also to damages that reflect the mental anguish and other emotional pain that the law presumes to occur as a result of having one’s reputation destroyed. Punitive damages may be granted to the plaintiff depending on what the plaintiff shows regarding the defendant’s intentions and the type of defendant.

In most cases, the plaintiff will lose the case if the defendant can show that what he or she said or published about the plaintiff was factual. The plaintiff must establish the statement was false in the case of defendants such as certain media outlets (e.g. newspapers); the media defendant is not required to prove its publication was true in order to defend the action.

To summarise, defamation occurs when someone takes away someone else’s feeling of repute. This reputation is in the eyes of other people in and around the person who are in their right mind , if this is done orally then it forms slander and if a person is defamed by writing then it forms the libel.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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