Legal

Comprehensive Guide on Defamation Laws in India

Do you have ever heard about Defamation laws? Of course, people who wish to maintain a reputation in their life will surely know about this lawsuit. It is actually the most common types of law cases in India, which are filed in the courts. Anybody who feels that he/she has been accused of something wrong by someone in the public through gestures, words, written, spoken, or other means can able to file the defamation suit in the court to claim that accusation leveled great deals drive to his or her reputation.

Plenty of civil/criminal defamation cases are filed in the court across the world as well as in India so far. If you wish to get clear-cut details about types and elements of defamation laws as well as slander vs libel, then keep reading the article!

What is Defamation?

As per details mentioned in IPC section 499, whoever speaks or intends to read words and show signs or other visible representation to harm someone in the public or hurt his or her reputation, the person said to be a defame. In simple words, Defamation is a written or oral statement, which hurt someone’s reputation. In India, many people consider honor defamation is much worse than death. Therefore, they tend to file the criminal defamation case against the person who has the intention to spoil their name.

Of course, reputation is an important and vital part of the dignity of any individual in the world. The right to reputation is an inbuilt right guaranteed by the Article 21. Additionally, it is known as the natural rights. When rights of freedom of speech and expression assured by Article 19(1)(a) of Indian constitution, it is not absolute because it has certain reasonable restrictions for simply exercising rights in the interest of the friendly relations with the foreign states, security of state, morality, public order, defamation, and contempt of court. Therefore, Defamation laws only safeguard an individual’s reputation and private interest.

How does Defamation View in India?

In India, Defamation often views as the civil and criminal offenses. It may also be defined as the publication, writing, and speaking the false statement that causes injury and reputation. The biggest remedy for the civil defamation is usually covered under the Law of Torts. The victim in the civil defamation can move high court or other subordinate courts for asking damages in the form of monetary compensation from the accused.

According to the IPC section 499 and 500, the victim gets a chance to file the criminal defamation case against the person who hurt him or her. The punishment for the person who involved in the Defamation will be imprisoned for two years and fine, or sometimes both. Under the Indian criminal law, it is a non-cognizable, bailable, and compoundable offense.

What are the Basic Elements of Defamation Laws?

Here are the fundamental elements of defamation that everyone should be aware of.

• The first element is the requirement of the presence of the defamatory content. Usually, defamatory content defined as a person calculated to injure/harm another person reputation by exposing him/her to contempt, ridicule or hatred. On the other hand, the test of those content is the normal man test where content meaning is considered to be common.
• Among different elements of defamation, the second is that claimant should identify in the defamatory content or statement. Bear in mind that content should be addressing the specific person or group for it to be defamation clearly. For instance, “all politicians are corrupt”, which is too broad a classification. Therefore, no politician can think this statement attribute specifically to him or her. In fact, such statements are not considered as defamation.
• There should be a publication of the defamatory statement in either written or oral form. Unless the detail is published that means made accessible to some other people than the claimant, there can be no claim of defamation. It is one of the elements of defamation, which everyone should know about.

What are the Exceptions of Defamation?

Here are some of the statements, which cannot be considered as Defamation.

• Any truth statement, which made in the public interest
• Any opinion offered by the public regarding the conduct of the public servant in discharge of his or her character and functions
• Publication of any court of justice proceedings includes any trial of the court and judgment.

What are the Different Types of Defamation Laws?

The term Defamation is typically used to indicate the statement that hurts someone’s reputation.  It is divided into two types such as slander defamation and libel defamation. The written defamation is called libel whereas spoken defamation is known slander. Even though defamation is not a crime, it is the tort (i.e.) a civil wrong instead of criminal wrong. There are some notable differences between libel and slander defamation. Continue reading to know about slander vs libel.

Sometimes, defamation laws can also be divided into criminal defamation and civil defamation. In India, defamation is both a criminal and civil offense. The actual remedy for the civil defamation is enclosed under the law of torts. In this case, a person who defamed can move either subordinate court or high court and ask for damages as the monetary compensation from the accused. On the other hand, criminal defamation refers to harming someone’s reputation intentionally. When the intent is not clear, the lawsuit will become the civil defamation, not criminal defamation.

What is the Difference Between Libel and Slander?

Now, you will have a clear insight into main types but unaware of slander vs libel. Do not worry! Look at below to know the major differences between libel and slander defamation. Keep in mind that slander vs libel gives you basic understanding between these defamation types.

Basis	Libel	Slander
Definition	It is defamation in pictures and printed words. Libel is a kind of defamation that is in the permanent form.	It is defamation in spoken words and gestures. Slander defamationis a kind of defamation that is in the transient form.
Form	Tangible: Writing, print, or pictures	Intangible: Gestures or spoken words
Legal implications	No need to prove any financial damages	In slander defamation, no need to prove any financial damages
Limitation	One year	One year
Tort/crime	Libel is a civil wrong	In India, slander defamation is both a civil wrong and criminal offense

Do you get a clear understanding of slander vs libel? If not, then stay connected with this site because we come up with more details about defamation and slander vs libel in the future posts.

Also Read: Legal Advisory Services in India