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    Defamation: Dr. Mrinal Chatterjee

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    Vikash Kumar
    Defamation involves making a false statement that harms someone's reputation. It is a civil and criminal offense in India according to the Indian Penal Code. To be considered defamation, an imputation must be made about someone that damages their reputation or could potentially damage it. Truth is a defense against civil defamation claims but not criminal claims, where it must also be in the public interest. Journalists can defend against defamation through justification, fair comment, privilege, or apology. Various parties like publishers, editors, and authors can all face liability for defamatory content. The punishment is up to 2 years imprisonment and/or a fine.

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    Defamation: Dr. Mrinal Chatterjee

    Uploaded by

    Vikash Kumar
    98 views27 pages
    Defamation involves making a false statement that harms someone's reputation. It is a civil and criminal offense in India according to the Indian Penal Code. To be considered defamation, an imputation must be made about someone that damages their reputation or could potentially damage it. Truth is a defense against civil defamation claims but not criminal claims, where it must also be in the public interest. Journalists can defend against defamation through justification, fair comment, privilege, or apology. Various parties like publishers, editors, and authors can all face liability for defamatory content. The punishment is up to 2 years imprisonment and/or a fine.

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    Defamation involves making a false statement that harms someone's reputation. It is a civil and criminal offense in India according to the Indian Penal Code. To be considered defamation, an imputation must be made about someone that damages their reputation or could potentially damage it. Truth is a defense against civil defamation claims but not criminal claims, where it must also be in the public interest. Journalists can defend against defamation through justification, fair comment, privilege, or apology. Various parties like publishers, editors, and authors can all face liability for defamatory content. The punishment is up to 2 years imprisonment and/or a fine.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    98 views27 pages

    Defamation: Dr. Mrinal Chatterjee

    Uploaded by

    Vikash Kumar
    Defamation involves making a false statement that harms someone's reputation. It is a civil and criminal offense in India according to the Indian Penal Code. To be considered defamation, an imputation must be made about someone that damages their reputation or could potentially damage it. Truth is a defense against civil defamation claims but not criminal claims, where it must also be in the public interest. Journalists can defend against defamation through justification, fair comment, privilege, or apology. Various parties like publishers, editors, and authors can all face liability for defamatory content. The punishment is up to 2 years imprisonment and/or a fine.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 27

    Defamation

    Dr. Mrinal Chatterjee

    What is Defamation
    Defamation or taking away the fame
    from someone, is an offence
    punishable with imprisonment from
    the earliest times of civil
    government.
    Kautilyas Artha Sastra mentions it
    and has prescribed punishment.

    Fame or Reputation- a property


    The modern law pundits have
    regarded defamation as an injury to
    the reputation of a person.
    Reputation is considered as a
    property and any damage to it can
    give rise to both criminal and civil
    action.

    Defamation laws in India


    There is no separate law of
    defamation in India.
    The Indian Penal Code (IPC) has four
    sections (Section 499-502) which
    define elaborately what constitutes
    defamation and what the defences
    and punishments are.

    What constitutes an offence of


    Defamation?
    Whoever by words either spoken or
    intended to be read, or by signs or by
    visible representation, makes or publishes
    any imputation concerning any person
    intending to harm, or having reason to
    believe that such imputation will harm, the
    reputation of such person, is said, except
    in the cases hereinafter excepted, to
    defame that person.
    There are four explanations and 10 exceptions

    Ingredients of Defamation
    An imputation concerning the person
    must have been made
    Such imputation must have harmed, or
    there is reason to believe that it has the
    tendency to harm, the reputation of the
    person concerning whom it is made.
    Imputation means an accusation against a person
    and implies an allegation of fact and not merely a
    term of abuse or insult. To put it simply, imputation
    means to accuse someone for committing some
    irregularities with suggestion of proofs.

    Kinds of Defamation
    Two kinds
    Verbal- slander
    Written- libel
    Both the offences are punishable under
    the same section of IPC

    Civil and Criminal action


    Defamation gives rise to civil and
    criminal action
    The object of civil action is to
    adequately compensate the person
    defamed; the object of criminal
    action is to punish the offender.
    There is no civil action if defamation
    is of the spoken word.

    Civil and criminal liability


    Intention is irrelevant in civil liability for
    defamation. Truth of the statement is complete
    defence to a civil action for defamation
    In criminal law intention is essential for liability.
    Good faith is a defence in criminal law. But truth
    as such is no defence in criminal proceedings
    except under the first exception to Sec. 499 of
    IPC. It is necessary to prove further that the
    defamatory publication is for the public good.

    Not alternative, but cumulative


    The aggrieved person can bring a
    civil suit and also make a complaint
    before a criminal court at the same
    time.

    Journalistic Defences

    Justification
    Fair comment
    Privilege
    Apology

    Journalistic Defences: Justification


    Justification:
    the statement is true. Truth of the
    imputation by itself is not sufficient in a
    criminal proceeding. Public good must have
    been involved. But in a civil suit truth is a
    complete defence.

    Journalistic Defences: Fair comment

    Fair comment

    Fair comment on a matter of public


    interest does not amount to libel. In a plea
    of fair comment three points arise:
    1. The comment relates to a matter of public
    interest
    2. It is only a comment and not a statement
    of fact
    3. The comment is fair.

    Journalistic Defences: Privilege


    Absolute Privilege
    Reports of Parliamentary proceedings and
    State legislature are protected by Art 361 A

    Qualified Privilege
    Newspaper report of court proceedings
    Publication of statements relating to affairs
    of the state and reports of public meetings
    are also given qualified privilege.

    Journalistic Defences: Apology


    No good journalist likes to tender
    apology.
    Therefore is the need to be careful
    before publishing the report.

    Good faith and Public good


    Good Faith: A news story is deemed to be
    done in good faith if it is done honestly
    and due care has been taken in
    ascertaining facts and figures.
    Public Good: A news story is said to be
    for public good if it has rendered or
    sought to render some benefit to the
    society

    Who may file complaints?


    Normally only the aggrieved person*
    Or somebody on behalf of as minor, idiot,
    infirm person or a woman observing
    purdah, etc. Sec. 199(1)

    Sec 199(2) offers an exception in the case of


    dignitaries such as President, Vice-President,
    Governor, Minister, and Public servants. There
    is special procedure laid down in such cases
    and the public prosecutor is permitted to make
    a complaint.
    Aggrieved person postulates that the person is or
    are identifiable.

    Who may be sued?


    The proprietor, Editor, Author,
    Publisher and Printer of a newspaper
    or journal would be jointly and
    separately liable for any defamatory
    matter published. The aggrieved
    person may sue any one of them
    singly.

    Liabilities of different persons


    Reporter: is liable like printer, publisher,
    editor, if he sends some work which is
    defamatory in character.
    Editor: is individually liable for any illegal
    matter published in his paper, magazine,
    etc.
    Publisher: is liable for anything published
    in his paper, magazine, etc which is
    defamatory.

    Liabilities of different persons


    Printer: is individually liable for
    printing of objectionable matter.
    Proprietor: can be made liable for
    any matter published in his paper,
    magazine, etc only if there's positive
    proof that he was responsible for
    publishing it or for its selection for
    publication.

    Liabilities of different persons


    Author:of an article or book, is
    primarily liable for any illegality in
    the work like obscenity, defamation.
    Contributor: would be liable if the
    article contributed by him have legal
    discrepancy.

    Liabilities of different persons


    News - Vendor / Bookseller: Under Civil
    Law a Bookseller is not liable for
    defamatory publication of material sold by
    him unless he actually knew it was
    defamatory, or he could have with due
    diligence, come to know that it was
    defamatory. Under Criminal Law IPC Sec
    502, he shall be liable only if he knew
    about defamatory property of the material
    he sold at the time of selling it.

    Time frame
    Complaint should be lodged within
    three years of the date of
    commission of the offence.
    Except where the delay has been condoned
    u/s 471 of the Cr.PC

    In case of dignitaries, public


    servants, etc. the limitation for filing
    the complaint by the Public
    Prosecutor is six months.

    Punishment for Defamation


    Simple imprisonment for a term
    which may extend to two years or
    fine or both. Sec. 500
    Printing (Sec. 501) and Sale (Sec.
    502) of defamatory matter attract
    same punishment.

    Damages in a civil suit


    Damages depend on the assessment
    of the reputation of that person by
    the judge.
    Principles laid down by case laws:

    Nature of imputation
    Mode of publication
    Social standing of the defamed person
    Mitigating circumstances

    Information Technology Act,


    2000 - Defamation through EMails will be punishable with
    liability for compensation.
    Threat may result in
    imprisonment up to 2 years.

    Further Information
    Defamation in the IPC Bare act
    http://statutes.agc.gov.sg/non_version/cgibin/cgi_getdata.pl?actno=1872-REVED224&doctitle=PENAL%20CODE%0A&date=late
    &segid=888373003-003424

    Information Technology Act, 2000 Cyber


    defamation
    http://www.cca.gov.in/documents/act2000mod.
    pdf

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