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DEFAMATION AND IT'S NATURE

(BLOG WRITING)

Jatin Kumar, 21246

DEFAMATION

INTRODUCTION

As per Black’s Law Dictionary, defamation means “The offence of injuring a person’s character, fame, or reputation by false and malicious statements”

Introduction

Essentials

Civil Defamation

The remedy in the case of civil defamation is also provided under the Law of Torts. In this type, the person who is defamed can move either high court or subordinate courts and seek damages in the form of monetary compensation. The accused person will not be subject to detention or a jail sentence.

Civil and Criminal

Criminal Defamation

Defamation is defined in section 499 of Indian Penal Code 1860 and section 500 of the same section. It provides that a person committing an offense under this section is liable with simple imprisonment for a term of 2 years or fine or with both. A man's reputation is treated as his property and if any person poses damage to property he is liable under the law.

Types

Types of Defamation

Libel

Libel

It refers to that defamation that harms the reputation of an individual, business group etc. by making a false representation in the form of writing, picture, movie etc. This type of defamation is generally of permanent nature and invites more stringent punishment. This defamation occurs while publishing an article in the newspaper, making a comment on a social media platform, etc

Slander

Slander

It refers to that defamation wherein a falsified statement is made by spoken words or by some other transitory forms, whether visible or audible, such as a sign, gesture, hissing, etc. This type of defamation generally attracts civil punishments and it is actionable only in proof of actual damage.

Defenses

Social Media and Right to Reputation

The Internet Revolution has led to the introduction of various social media platforms. Platform providers regulate the content which can be posted by the user under the user agreements. They have the power to take down content which is defamatory and violative of the right to reputation of an individual.

Social Media and Right to Reputation

The Information technology Act, 2000 and the Information Technology Rules, 2011 are the steps which have been taken by the government for regulation of free speech and reputation on social media platforms

Conclusion

Conclusion

Defamation is an offence that involves injury to the reputation of an individual in society. It is provided under Section 499 of the Indian Penal Code, 1860. The essential ingredients of this offence involve that it must be a false statement with the objective of hampering the reputation. Defamation is generally of 2 types namely Libel and slander. In India, defamation is civil as well as criminal. However, this offence is not absolute and certain exceptions have been provided and the chief defence against this offence is proving that the statement is being “true”. The judiciary has also evolved its scope in recent times. The right to free speech and right to reputation are two fundamental rights which often conflict.

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