DEFAMATION

     

      Defamation:

                    Aachal Burande

         

               Defamation is nothing but the action of damaging the good reputation of someone. In the legal sense, it is an offence of injuring a person’s character, fame, reputation by false & malicious statements. Today, in the democratic world, it is a challenge to maintain the balance between one’s right to freedom of speech & expression and other’s right to protect their good name. The origin of the concept of defamation was from UK & Germany. In the laws of England & German, insults were punished by cutting a tongue. In France, defamation was only considered until, an insulting statement published in newspaper & truth for defense considered if publications are concerned for their publication. Modern German law is similar to it but there truth is allowed as a defense. In Italy, truth seldom excuses defamation, which is criminally punishable there.

              

  Defamation is not limited, it encompasses all by which it hurts anyone’s reputation. There are two terms are important while dividing cases of defamation. One is “Libel”, libel means any defaming statement which is written or publish. Other term is “Slander”, means spoken defaming statement. Defamation has its own compulsions, such as a statement must be defamatory, it must be refer to plaintiff & it must be published or communicated to at least one person other than the claimant. Defamation usually not considered as a criminal law. It is in the category of civil law & civil laws are more dangerous than criminal laws. In India, there is no such distinction in libel & slander. These both are criminal offences. It has been divided into civil & crime.

                 When defamation is a crime, it focuses on slander than libel. It should be committed through words (spoken or intended to be read), signs or visible representation which are a published or spoken imputation concerning any person. The imputation may be with the intention of causing harm to the reputation of person or knowledge or reason to believe that, it harm to the person to whom it harms. Under IPC sections 499 – 502 protects reputation of person. Defamation law is considered under different sections. If the defamation is against the state, it is considered in section 124A, if it is against any class or community then it appears in section 153 & if it is against the religion or it hurts the religious sentiments, it comes under the section 295A. If person is found stipulated under section 499 then the punishments are under the section 500 of IPC is a simple imprisonment for up to two years or fine or with both. Legal process for defamation is, claimant first have to file a complaint towards police but in extreme cases, it should be filed before a magistrate. As truth defense is concerned in India, it considered to be defamation as a crime.

               

   When defamation is considered under the tort law, as a general rule, the focus is on libel than slander. To establish a statement as a libelous, it must be proved that it is false, written, defamatory & published. Defamation is considered as a tort, the interesting thing is, a person to whom a defamed statement is published mush be alive. For example, one who published something which hurts the reputation of person who is not alive then it can’t be considered as defamation under tort.

               The comparative analysis of defamation law with different countries shows that in American law, it is much less plaintiff friendly as compared to its European counterpart. It gives important to its first amendment that is freedom of religion, speech, expression, press. In Australian law system, defamation law was different for state to state. But after the uniform defamation laws were enacted in 2006, it works uniform throughout Australia. In Pakistan, it is covered under the Defamation Ordinance, 2002. Both libel of slander are offended here. In special damages, there is no need to prove in case of publication of defamatory matter.

              In India, many cases held under defamation. Some of the famous cases are the case of Subramanian Swamy VS Union of India special reference to Shreya Singhal’s case where in a critical study of the judgement has been made long with an analysis of the allied issues, case of Bonnard VS Perryman, etc. the defamation case filed against Gogoi or alleged arrest of Kiku Sharda are some more examples.