Skip to main content

Requisites of defamation

 Requisites of defamation by Kalyani

What is defamation?

Defamation is when a person acts or says anything t anyone in order to lower his or her reputation than such act is called defamation.

The 4 requisites common is as follows:

  1. The statement must be defamatory:


The statement used by the person to another person must be defamatory per se. it must indicate that whatever has been said can be pernicious to the other persons reputation.


The statement will be defamatory if it 

  • Exposes the plantiff to hatred , ridicule

  • Tends to injure him in his profession or trade

  • Cause him to be shunned.


the relevancy of intention or motive:


Where the words are defamatory, the question of intention or motive with which they are used is quite immaterial.  

Good faith or ignorance of the defamatory nature of the statement is no defence for a man utters defamatory statements at his peril.


Innuendo: 


Sometimes defamation is not apparent or prima facie. It is often couched in subtle language. 

Words which are not defamatory in the ordinary sense may nevertheless convey a defamatory meaning owing to particular circumstances in which they are spoken. 


  1. The statement must refer to the plaintiff


The second requisite of defamation is that the statement alleged to be defamatory must refer to the plantiff. 

In every action of defamation the plantiff  needs to prove that the statement refers to him.


  1. The statement must be published


“publication”, in the present context, means making the matter known to some person other than the plantiff. It is publication not the mere speaking or wrtting of defamatory words which is the gist of the tort of defamation.

  1. The statement must be false;


Lastly the defamatory statement must be false which was spoken against the plantiff.


Plantiff need not prove that it is false.
Labels:

Comments

Post a Comment

Popular posts from this blog

Empowering Businesses: Virtual Corporate Law Services

  Empowering Businesses: Virtual Corporate Law Services In the dynamic world of business, legal support is crucial to ensure smooth operations, mitigate risks, and navigate regulatory landscapes. Lexis and Company offers Virtual Corporate Law Services to businesses in the UK, USA, Canada, Singapore, Dubai, and Australia , assisting with mergers, acquisitions, business contracts, compliance, and corporate governance. Key Features of Virtual Corporate Law Services 1. Mergers and Acquisitions (M&A) Legal Support We provide comprehensive legal services for mergers and acquisitions , including due diligence, structuring deals, drafting agreements, and navigating regulatory approvals. Benefits: Ensures smooth and legally sound M&A transactions. Minimizes risks during corporate restructuring. Protects your business interests in high-value deals. Trending Hashtags: #MergersAndAcquisitions #BusinessDeals #CorporateLaw #LegalSupport #VirtualLegalExperts 2. Business Contracts and Ag...
Post a Comment
Read more

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...
Post a Comment
Read more

Nathulal v. State of Madhya Pradesh AIR 1966 SC 43

 Nathulal v. State of Madhya Pradesh AIR 1966 SC 43 CITATION AIR 1966 SC 43 COURT Supreme Court of India JUDGES/CORAM Justice K.S. Shah and Justice R. Bachawat DATE OF JUDGEMENT 22.03.1965 Facts: The facts of the case are as follows: The appellant was a dealer in a food grains at Dhar in Madhya Pradesh prosecuted in the Court of Additional District Magistrate for possessing in stock maunds and 21/4 seers of wheat for the purpose of sale without license. Subsequently appellant was charged for committing an offence under section 7 of the Essential Commodities Act, 1955. Thereafter the appellant pleaded there was no intention to contravene any provisions of the law and the grains were stored upon filing an application for license and upon believe that it will be issued to him. The appellant further stated that he continued to submit returns on the food grains stored and purchased to the respected authority. Thus, the appellant was acquitted in the Court of Additional District Magistra...
Post a Comment
Read more