What do you understand by defamation under tort law? What are the exceptions to defamation? DEFAMATION AND LIBEL
Every person has some respect in the society. It is clear from the word defamation that it means hurting someone’s honor. When a person lives in a society, he has respect in the society. This respect comes only from respect.
Honor is more valuable to the society than property. Every person maintains his honor at all costs. Damage to his honor or reputation is called loss of honor.
It means hurting someone’s honor. Maintaining honor and respect in any situation is everyone’s priority. Everyone wants to maintain their reputation, but if someone says something wrong about a person in the society, it affects his reputation and his reputation is damaged, that is, he is defamed. Because the words spoken by someone have an impact on others and people start thinking differently.
According to Samand-
Loss of reputation: If something which is not true or false is said about another person without any reason and there is no legal justification for it, then it is a cause of loss of reputation. That means there is loss of reputation because of it.
According to them, if defamation is caused by a false statement without any reason, then publishing that statement through pictures or statement which creates a feeling of hatred, ridicule or insult towards the person concerned, then this also comes under defamation. Due to which he suffers and his reputation is damaged, then it comes under loss of honor.
A told everyone about Khan that he got the job by giving bribe whereas he got the job after passing the examination with great effort, hence this was an injury to his reputation and it comes under defamation. DEFAMATION AND LIBEL
S is a teacher in a school and he studies in that school and he wrote on the board for S that S makes the children coached by him pass, while this is untrue then S comes under loss of honor because it tarnishes his reputation. But Ashar falls.
Essential elements of defamation –
Defamation can be caused by either written or spoken words. It should contain the following elements.
To prove defamation, the plaintiff has to prove that the defamatory sentiments written, said or published by the defendant have malicious intent; the intent to abuse may be unintentional or intentional. The person suing for defamation has to prove that the main person who has written, said or published the defamatory expression had malicious intent.
The word related to this is defamatory.
The word used by the defendant must be defamatory if –
It creates a feeling of hatred, ridicule or insult towards the plaintiff.
Hurts his business.
Defames him in the society. And for that it creates a feeling of hatred, ridicule or insult among the people of the society.
A businessman started the business of making natural cream but someone spread a rumor that this cream burns the face. Due to which his business was closed. That value will come under loss.
Loss of value for any class –
When words have been said for a person or his group, then that person or any person from the group cannot sue unless he proves that they have been said for him or his group. DEFAMATION AND LIBEL
The words should be directed towards the plaintiff –
For defamation it is necessary that the statement must be directed towards the plaintiff and the defendant will be liable for defamation.
The words should be published –
Publication means making any statement visible to all persons or a group of persons and not just to the individual claiming defamation. And it is necessary that the statement of loss of reputation is published. If it is not so then no one can claim loss of reputation.
Exception to defamation –
The following are exceptions to value loss.
immunity from defamation suit
If you have said the truth in defamation, it will protect you because the law will not ask for compensation for the loss due to what has been said.
Alexander vs Railway Company
In this, a person was traveling in the train without a ticket and he is caught by the TT and he is fined and sentenced and this is published by the journalist. And Alexander filed a defamation claim against him that the news spread by him had brought shame on him in the society but the court acquitted him because it was true.
Good faith comment –
Every person has the right to comment in public interest as a fundamental right. But the defendant will have to prove that this comment has been made for the following. DEFAMATION AND LIBEL
Which is appropriate.
This is in public interest.
It is fair.
This has been done on the basis of public interest.
If a person sues someone for defamation and the other person proves that he had the privilege to do so, he can get away with it. In this, the statement has to be published as per the privilege, it is of two types.
extreme and limited privileges
If you apologize to the person against whom defamation has been filed and that person forgives you, then he will not file a case against you and thus you can avoid defamation.
What do you understand by defamation under tort law? What are the exceptions to loss of value? Told about this. If you want to give any suggestion or information related to this or you want to add something to it. Or do you want to give us any other suggestion related to this. So please give us your suggestions in the comment box.