Theme: Defamation

Saying or writing something harmful to a person’s reputation is defamation. It’s against the law to intentionally harm someone’s reputation, cause them to be hated or disgraced through text, image, cartoons, caricatures or effigies.

There can be two forms of defamation – slander and libel.

Slander

Slander involves something that is spoken, with the intention to harm someone’s reputation, and which can be heard. It is in verbal form. For example, Rahul says bad things about Seema’s character, which results in Seema losing her job. Rahul has committed the crime of defamation through slander.

Libel

Libel involves something that is visually represented, with the intention to harm someone’s reputation, and which can be seen. So, anything that can be written, printed or something on an effigy, movie or statue can be libel. If Rahul writes something about Seema in a magazine in a derogatory manner, then Rahul has committed the crime of defamation through libel.

If you say or write something to insult the reputation of a person, group of people or a company, a court can punish you for defamation. When the insult is to a group of people, the court should be able to identify this class or group of people.

If you harm the reputation of someone who is dead, the court can still punish you for defamation. The Court will look at whether:

• you would have harmed the person’s reputation if they were alive, and
• if you  hurt the feelings of their family or relatives.

The deceased person’s legal representatives or relatives can file the case on their behalf.

The punishment for defamation, in such cases, is jail time up to 2 years and/or a fine.

Printing or engraving something harmful to a person’s reputation and selling or trying to sell printed or engraved defamatory material are also criminal acts. The court can punish you with jail time of up to 2 years and/or with fine.

To prove a defamation case, you have to show the following things: 

1. That the person who said or wrote things about you conveyed a defamatory message
2. That the material was published, meaning that it was conveyed to someone other than you.
3. That you could be identified as the person referred to in the defamatory material
4. That you suffered some injury to your reputation as a result of the communication.

If you print or engrave something you know is defamatory to a person’s reputation, the court can punish you with jail time of up to 2 years and/or with a fine. Generally, newspapers are prosecuted under this provision.

The court can punish you for selling or trying to sell printed or engraved defamatory material with jail time of up to 2 years and/or with a fine.

Yes, if the review or critique of any public material or performance was made in good faith, then it is not considered an act of defamation. For example, if the author of the material has given permission for it to be reviewed by the public, then anyone making a statement against the same will not be held liable for defamation.

However, while a review or critique of a public material or performance was made in good faith is fine, a personal criticism about the creator that can insult their reputation can still be defamation. For example, it may be okay for you to critique Rushdie’s latest novel as ‘boring and dull’, but you can be punished for saying that “Only a boring and dull novel can be expected out of a nincompoop like Rushdie”.