DEFAMATION

By DIPEN VAJA
WHAT IS DEFAMATION?

Defamation is a legal term that refers to any statement made by

a person, whether verbal or printed, that causes harm to another
person’s reputation or character.

It is the communication of a statement that makes a claim,

expressly stated or implied to be accurate, that may give an
individual, business, product, group, government, religion or
nation a negative or inferior image.
WHAT IS CYBER DEFAMATION?

Cyber Defamation occurs when defamation takes place with the

help of computers and the internet.

Internet Defamation is a negative false statement of material fact

published on the internet.

Cyber Defamation is also called as Cyber Smearing.

Defamation and the
Law
Defamation in International Law

According to Article 17 of the United Nations International

Covenant on Civil and Political Rights, no person may be
subjected to unlawful interference with his family, home, privacy,
honor, or reputation. It also specifies that every person has the
right to be protected against such interference. A person
accused of making defamatory statements can be sued in civil
court for monetary damages. They may also be forced to retract
the statements made, especially if they were published in a
public forum, such as a newspaper or online.
Defamation in Indian Law

According to the Constitution of India, the purpose of criminal

defamation, "reasonable restrictions" are defined in Section 499[47] of
the IPC(Indian penal code). It says that Defamation takes place "by
words either spoken or intended to be read, or by signs or by visible
representations, to make or publish any imputation concerning any
person intending to harm, or knowing or having reason to believe that
such imputation will harm, the reputation, of such person".

The punishment for Defamation is a simple imprisonment for up to two

years or with fine or with both.
TYPES OF DEFAMATION

THERE ARE TWO TYPES OF DEFAMATION

1) Slander
2) Libel

SLANDER:-

If the offending material is published in some fleeting form, as by spoken words or

sounds, sign language, gestures or the like, then it is slander.

LIBEL:-

Libel is defined as defamation by written or printed words, pictures, or in any form

other than by spoken words or gestures.
Injury Caused by a Defamatory Statement

The Statement must have directly caused harm or injury to the

victim

1) Harm to reputation – the loss of a job, loss of customers, causing

the victim to become a social outcast.
2) Financial harm – the victim, whether personally or as a business
owner, experiences loss of business or money, or incurs expenses in
the attempt to repair his reputation.
Case Example of Defamation
Case Example of Defamation
Case Example of Defamation
Defenses to a Claim of Defamation

When a person is accused of defamation, the law looks at many

factors. Some common defenses to a claim of defamation may
include:

1) Statements made in good faith – the person who made the

statements reasonably believed that the statements were true.

2) Opinion – because opinions are considered subjective, and not

necessarily false, they are not considered defamatory.
Defenses to a Claim of Defamation

3) Verbal abuse – if a statement made is not to be taken literally

or believed, such as name-calling in anger, it is not considered
defamatory.

4) Unbelieved statement – if the person hearing the defamatory

statement does not believe it, or does not take an interest in it,
the statement is considered not to have harmed the victim’s
reputation in any way.

5) No consent – the victim must not have given consent to the

person making the statements, whether verbally or in writing.
“FOR PEOPLE OF HONOUR, DEFAMATION IS WORSE THAN
DEATH”

- BHAGAVAD GITA
THANK YOU