Sunday, 17 July 2022

Defamation

 Defamation


Defamation in law is the act of communicating to a third party false statements about a person that

results in damage to that person's reputation. Libel and slander are the legal subcategories of

defamation. Defamation can be oral or written communication.

Defamation can be charged in both crime and tort. In several countries, a true statement can also be

considered defamation. The united nations human rights committee ruled in 2012 that the libel law of

one country, the Philippines was inconsistent with article 19 of the international covenant on civil and

political rights as well as the urging that ‘ state parties should be considered the decriminalization of

libel.

Under criminal law, sections 499 to 502 are covered under the Indian Penal Code. According to section

500, the punishment for defamation is up to two years in jail or a fine. Defamation cases have been on

the rise in India over the last few years.

Defamation can be considered, when the imputation must have been made with the intent to injure and

with understanding or reason to believe that it would harm the person's credibility, it can also be

considered defamation by making or punishing some allegation about another person.

The objectives of such sections are, to understand the defamation law in India defamation is seen as a

crime and demarcation as a tort. It is also required to understand the categories of defamation and

essential characteristics of defamation and it helps to understand the constitutional validity of section

499 and defamation as an overview of public versus individual remedy. Defamation is necessary to

understand the defamation through analysis of article 19(3), freedom of speech and expression, and to

understand defamation through various case laws.

Case; Khushwant Singh v. Maneka Gandhi, in this case, even though there was a suspicion that the

material is defamatory, it is unlikely that publication will be halted unless there are extraordinary

circumstances. Under which the later payment of damages will simply not be sufficient to make up for

the wrong done to the individual defamed.

Case; State of West Bengal v. Sudobh Gopal Bose, in this case, it was held, that the state has to defend

itself from such unlawful acts and, as a result, can enact laws to do so. Article 19 gives right that is not

utter and unrestricted. thees rise toe cannot be any liberty that is utter in nature and unregulated in

practice to confer an unrestricted right

In the case; S. Rangarajan v. Jagjivan, the court held that the restriction should be based on the principle

of least invasiveness i.e, the restriction should be enforced in a manner and to the degree that is

inevitable in a given situation.

Case; of Bonnard v. Perryman, the court has the authority to enjoin the publishing of a libel by an

injunction or even an interlocutory injunction. However, since the exercise of the jurisdiction is

discretionary, an interlocutory injunction may be issued only in the clearest case. These are the case in


which the court would set aside the verdict as unfair if a jury did not find the matter complained of to be

libelous. In this case, the court wasn't convinced that he will, an interlocutory injection should not be

issued.

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