A Simple Guide to Understanding Civil and Criminal Defamation
Read more: A Simple Guide to Understanding Civil and Criminal Defamation - iPleaders http://blog.ipleaders.in/a-simple-guide-to-understanding-civil-and-criminal-defamation/#ixzz45G2INnWc
There is a lot of interest about defamation law in India right now as Supreme Court asked Times Now to pay INR 100 crore damages for defamation and Arvind Kejriwal is in judicial custody following refusal to seek bail. Utkarsh Agarwal from NUJS explains what is defamation and various legal aspects related to defamation law. Over to Utkarsh.
Read more: A Simple Guide to Understanding Civil and Criminal Defamation - iPleaders http://blog.ipleaders.in/a-simple-guide-to-understanding-civil-and-criminal-defamation/#ixzz45G2FoXZ5
Some Common Defenses to Defamation
Truth
As a general rule, it is not defamation to impute anything, which is true, concerning any person. In India, truth is an absolute defense in Civil Cases however; in Criminal cases, the true statement must also be an imputation for public good. Therefore, irrespective of the intentional of an individual, no defamation suit can be brought against someone if he imputes something true (and for public good under section 499, IPC).
Privilege
Individual may be protected from claims of defamation under tort or even criminal defamation by a privilege conferred on them by law. Absolute privilege irrespective of intention to defame is conferred upon Government officials, Judges and other such public officials in discharge of their public functions by the law. Journalists are however given Qualified privilege, valid only if made without the intention to defame. Exception 10 under section 499 IPC further expands on this and allows exception for good faith imputation to caution other or the public.
Fair Comment
In case of defamatory opinions, the exception of fair comment is allowed. The publication has to be clearly expressed as an opinion and should not mixed up with facts. Also, the opinion should be one that a fair-minded person is capable of holding such opinion even if the reasoning is illogical. These are the broad categories of defense under Defamation. There is a lot of other categories which are generally offshoots of these broader ones.
Read more: A Simple Guide to Understanding Civil and Criminal Defamation - iPleaders http://blog.ipleaders.in/a-simple-guide-to-understanding-civil-and-criminal-defamation/#ixzz45G22g8Hz
Some Common Defenses to Defamation
Truth
As a general rule, it is not defamation to impute anything, which is true, concerning any person. In India, truth is an absolute defense in Civil Cases however; in Criminal cases, the true statement must also be an imputation for public good. Therefore, irrespective of the intentional of an individual, no defamation suit can be brought against someone if he imputes something true (and for public good under section 499, IPC).
Privilege
Individual may be protected from claims of defamation under tort or even criminal defamation by a privilege conferred on them by law. Absolute privilege irrespective of intention to defame is conferred upon Government officials, Judges and other such public officials in discharge of their public functions by the law. Journalists are however given Qualified privilege, valid only if made without the intention to defame. Exception 10 under section 499 IPC further expands on this and allows exception for good faith imputation to caution other or the public.
Fair Comment
In case of defamatory opinions, the exception of fair comment is allowed. The publication has to be clearly expressed as an opinion and should not mixed up with facts. Also, the opinion should be one that a fair-minded person is capable of holding such opinion even if the reasoning is illogical. These are the broad categories of defense under Defamation. There is a lot of other categories which are generally offshoots of these broader ones.
Read more: A Simple Guide to Understanding Civil and Criminal Defamation - iPleaders http://blog.ipleaders.in/a-simple-guide-to-understanding-civil-and-criminal-defamation/#ixzz45G22g8Hz
*********************************************************************************
Imputation is the attributing of actions to a source: often, imputationinvolves actions that are criminal. Imputation takes words or actions and ties them to a person or a cause. An imputation is when you say "He did it!" Imputations are therefore similar to accusations.
No comments:
Post a Comment