LAW OF DEFAMATION

Introduction

Violence is done not only by actions but also by words. You don’t know how much your words do affect someone’s mind. The act of defamation is punishable because people do generally speak about anything and after that, the reputation of that person is at stake. As a company or any organization needs time to build its goodwill, the same is the case with the reputation of the person. And then suddenly a statement by any third party will affect the character of that person. In simple words, defamation means disgracing the person’s reputation.

Definition and Types

The laws related to defamation are mentioned in the Indian Penal Code, 1860. As per Section 499 of the Act, defamation can be done in two ways:

1. Verbally or Slander
2. Written or Libel

The imputations can also be made by signs or by visible representations. The essential ingredient of the offence of defamation is that the accusation should have been made or published to harm or with the knowledge to believe that the accusation will harm the reputation of the complainant.

Defamation can be either civil or criminal.

Criminal Defamation

Section 499 of the Indian Penal Code requires three ingredients for defamation:

1. Making or publishing any imputation concerning any person,
2. Such imputation must have been made by-
   • Words, either spoken or intended to be read; or
   • Signs; or
   • Visible representations

Civil Defamation

The essential ingredients of defamation are:

1. The statement must be defamatory.
2. The said statement must refer to the plaintiff.
3. The statement must be published.

If it is a civil offence, then the remedy can be asked for under the Law of Torts and if it is a criminal offence then the person will be punished under Section 500. The act of defamation can also be committed through computers. The defamation committed online is called cyber defamation.

Some acts of defamation are:

1. If anything is said about any deceased person then if that statement will be harmful to the reputation of the same person if he had been alive, that is defamation.
2. If an accusation is made that is affecting the reputation of a company or an association or collection of persons.

Another important ingredient of defamation is that the allegations imposed should directly or indirectly lower the moral or intellectual character of that person or lowers the character of that person in respect of his caste or lowers the credit of that person or causes to believe that the body of that person is disgraceful.

Exceptions

Some of the exceptions of defamation:

1. If a statement is made or published for the public good and if the accusation is true then that would not amount to defamation. But whether a statement is for the public good is a question of fact. A caution made in public goodwill not amount to defamation.
2. An act would not amount to defamation if any opinion is made in good faith in respecting the conduct of a public servant in the discharge of his public functions.
3. The conduct would not be defamation if any opinion is expressed in good faith respecting the conduct of any person touching any public question.
4. It would not be an act of defamation to publish a substantially true report of the proceedings of a Court of Justice or the result of any such proceedings.
5. It is not an act of defamation if the merits of the case decided in Court or conduct of witnesses are expressed in good faith.
6. It is not defamation to disapprove something in a formal statement that is passed by any lawful authority.
7. It is not defamation if a statement is made in good faith to the authorized person concerning the subject matter of accusation.

Section 500 describes the term of punishment of defamation. It states that whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

The printing and engraving of any matter which a person believes to be defamatory is also a punishable act.

Relevant Statutes

A suit of defamation can be filed as a civil wrong or criminal wrong. The relevant statutes regarding defamation are:

1. Code of Civil Procedure, 1908
2. Indian Penal Code, 1860

Defamation is a tort under civil law. A person can claim compensation if a civil suit has been filed by him. If a person has filed a complaint under criminal law, then the essentials mentioned under Section 499 of IPC need to be covered. As per Section 500, it is stated that whoever defames another shall be punished with simple imprisonment of two years, or with fine or with both.

The right to reputation is granted by the Constitution of India as the Fundamental Right under Article 21. This Article is the heart and soul of the Constitution and is read as under “No person shall be deprived of his life and personal liberty except according to the procedure established by law.”

Though, as per Article 19(1) (a), the people of India have the freedom of speech and expression, but the freedom is not absolute and simultaneously the Constitution has imposed reasonable restrictions in exercising this right in the interest of:

·         the security of the state,

·         foreign relation,

·         public order,

·         decency,

·         morality,

·         contempt of Court, and

·         defamation.

Essentials of the Legal Notice

Like any other legal notice, few important points need to be kept in mind while drafting a legal notice for defamation. Legal notice must contain these essential points:

·         Name, description, and place of residence of the recipient and the sender of the notice.

·         Details of the cause of action.

·         The relief claimed by the sender of the notice.

·         The detailed description of the incident which raised the cause of action.

·         The specific time frame within which the relief needs to be provided.

Once the legal notice has been received by the accused then either:

1.      He can reply to the legal notice and try to prove his innocence, or

2.      A civil suit or a criminal complaint can be filed in the Court of law.

Cyber Defamation

Another aspect is that when the act of defamation involves cyberspace. It refers to the publishing of defamatory material against any person in cyberspace or with the help of computers or the Internet. If a person publishes any kind of defamatory statement against any other person on a website or sends E-mails containing defamatory material to that person to whom the statement has been made would be regarded as Cyber defamation.

Section 66A of the Information Technology Act, 2000 prescribed the punishment for sending offensive messages through communication services. Since the Section failed to describe the word offensive, therefore, the Supreme Court in the case Shreya Singhal vs. Union of India struck down the entire Section. If a person has been defamed in cyberspace, he can make a complaint to the cybercrime investigation cell.

Conclusion

The laws of defamation are made to keep a balance between a person’s right to free speech and expression which is guaranteed by the Indian Constitution under Article 19 and right to reputation. Every right comes with a duty. If you have been given a right to freely express your views under then you also have a duty or a restriction to not harm the other person’s reputation while exercising your right.