Defamation is a false statement presented as fact that damages another person’s reputation. Person whose reputation has been damaged by an untrue statement can bring suit for defamation.
Defamation happens when something untrue & damaging is presented as fact to someone else. Mentioning a thief as a thief to the same person is not defamation. It is defined in section 499 of the IPC & section 500 provides the punishment for the same i.e., fine or imprisonment of 2 years or both.
Intention:
Crucial part of defamation is that a person makes a false statement with the evil intention of defaming the person.
Statement must have been made with the reckless disregard of truth or the person who has said the statement himself questioned the truthfulness but generally somehow said it. It is easier to prove defamation when you are a private person.
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Slander V. Libel:
Two types of defamation are Libel & Slander.
Libel is an untrue statement made in writing and Slander is an untrue statement said orally. It means defamation can be made via any medium. Any false statement against the government or president if printed comes under the Sedition Act of 1798.
The Supreme Court said that a statement against a public figure is libel only if it is known to be false or the speaker has reckless disregard for truth while making it.
Ingredients:
a) Statement must be defamatory:
Statement must be so that it must lower the reputation of the plaintiff. A person cannot take defence that statement was not intended to be defamatory although it caused hatred or dislike.
In case of Ram Jethmalani v. Subramaniam Swamy Dr. Swamy was held liable for defaming Mr. Jethmalani by making a statement he received that he received money from banned organisation to protect the then CM of Tamil Nadu in the case of the assassination of Rajiv Gandhi
b) Reference to Plaintiff:
The plaintiff has to prove that the statement of which he has complained referred specifically to him, it will be immaterial that the defendant did not intend to defame the plaintiff. If the person to whom the statement was published could reasonably understand that the statement is referred to him, the defendant will then be liable.
c) Statement must be published:
Publication of defamatory or false statements to some person other than the person defamed is the most important aspect of making the person liable and unless that is done no action for defamation will lie.
In Mahendra Ram V. Harnandan Prasad, the defendant was held liable for sending the defamatory letter to the plaintiff in Urdu knowing that the defendant is not able to read Urdu and it is possible that another person will read in order to explain to him.
Husband & Wife:
In the eyes of law, spouses are considered as one person so any communication of defamatory form from husband to wife or vice- versa is no publication and cannot come under the purview of section 499 & section 500 of IPC.
Lead India has best lawyers who can guide you in your issue for defamation. The logic & ingredients of defamation are clearly looked into by our team and accordingly the suit is filed.
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