Defamation ritesh chaudhary
Download as PPTX, PDF2 likes253 views
The document provides an overview of defamation under Section 499 of the Indian Penal Code, defining defamation as the communication of false statements that harm an individual's reputation. It outlines the differences between libel and slander, the requirements to prove defamation, and the legal implications under civil and criminal law. Additionally, it details the exceptions to defamation and the repercussions outlined in Sections 500, 501, and 502, which stipulate penalties for defamatory actions.
![Overview
1. Defamation (Section-499 of Indian Penal Code)
2. Reputation and Character
3. Libel and Slander
4. How do you prove defamation?
5. Where Defamation is covered?
6. Civil Law & Criminal Law
7. Explanations [4]
8. Exceptions [10]
9. Punishments For Defamation
10. Section-500, Section-501 and Section-502](https://image.slidesharecdn.com/defamation-riteshchaudhary-200116104746/85/Defamation-ritesh-chaudhary-2-320.jpg)
Defamation ritesh chaudhary
- 1. Associate Professor, School of Media, Zee University, Dehradun- Uttrakhand
- 2. Overview 1. Defamation (Section-499 of Indian Penal Code) 2. Reputation and Character 3. Libel and Slander 4. How do you prove defamation? 5. Where Defamation is covered? 6. Civil Law & Criminal Law 7. Explanations [4] 8. Exceptions [10] 9. Punishments For Defamation 10. Section-500, Section-501 and Section-502
- 3. Defamation (Section-499 of Indian Penal Code) Defamation (sometimes known as calumny, vilification, or traducement) is the oral or written communication of a false statement about another that unjustly harms their reputation, and usually constitutes a tort or a crime.
- 4. Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes 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, is said, to defame that person. Defamation (Section-499 of Indian Penal Code)
- 5. Reputation and Character “Be more concerned with your character than your reputation. Character is what you really are. Reputation is what people say you are. Reputation is often based on character – but not always.” ... The reputation is just the finished product that people see from the street.
- 6. Character And Reputation Character • Is what a man is. • Depends on attributes possessed. • Reality. Reputation • What people say he is. • Depends on attributes possessed • Accepted to be reality
- 7. Libel and slander Slander: The action or crime of making a false spoken statement damaging to a person's reputation. Libel: defamation by written or printed words, pictures, or in any form other than by spoken words or gestures.
- 8. How do you prove defamation? To prove prima facie defamation, a plaintiff must show four things: a) false statement purporting to be fact; b) publication or communication of that statement to a third person; c) fault amounting to at least negligence; d) damages, or some harm caused to the person or entity who is the subject of the statement.
- 9. Where Defamation is covered? Defamation is covered by both the criminal law and the civil law. Criminal law is well-codified in the Indian penal Code(IPC). Civil law is not so well-codified and falls under law of torts.
- 10. Civil Law Action of Defamation is claimed in the form of damages for causing injury to the reputation of the person. Fine decided by the Judge according to the level of defamation.
- 11. Defences available for an act of defamation (in civil law) are: 1. Justification: the defendant can justify his statement by proving that his statement is substantially true. 2. Fair Comment: The defendant can defend himself by showing that the statement is a comment and not a fact, the comment is on a matter of public interest and the comment is fair in nature. 3. Privileges: Privileges could be absolute or qualified.
- 12. Criminal law Explanation 1 It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. Explanation 2 It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. Explanation 3 An imputation in the form of an alternative or expressed ironically, may amount to defamation. Explanation 4 No imputation is said to harm a person’s reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful.
- 13. ILLUSTRATIO NS a) A says—“C is an honest man; he never stole B’s watch”; intending to cause it to be believed that C did steal B’s watch. This is defamation, unless it fall within one of the exceptions. b) A is asked who stole B’s watch. A points to C, intending to cause it to be believed that C stole B’s watch. This is defamation unless it fall within one of the exceptions. c) A draws a picture of C running away with B’s watch, intending it to be believed that C stole B’s watch. This is defamation, unless it fall within one of the exceptions. Criminal law
- 14. Exception First Exception- Imputation of truth which public good requires to be made or published. Second Exception-Public conduct of public servants. Third Exception-Conduct of any person touching any public question. Fourth Exception-Publication of reports of proceedings of Courts.
- 15. Fifth Exception-Merits of case decided in Court or conduct of witnesses and others concerned. ILLUSTRATION a) A says—“I think B’s evidence on that trial is so contradictory that he must be stupid or dishonest”. A is within this exception if he says this is in good faith, in as much as the opinion which he expresses respects B’s character as it appears in B’s conduct as a witness, and no further. b) But if A says—“I do not believe what B asserted at that trial because I know him to be a man without veracity”; A is not within this exception, in as much as the opinion which he express of B’s character, is an opinion not founded on B’s conduct as a witness. Exception
- 16. Sixth Exception-Merits of public performance ILLUSTRATION a) A person who publishes a book, submits that book to the judgment of the public. b) A says of a book published by B—“B’s book is foolish; B must be a weak man. B’s book is indecent; B must be a man of impure mind”. A is within the exception, if he says this in good faith, in as much as the opinion which he expresses of B respects B’s character only so far as it appears in B’s book, and no further. c) But if A says—“I am not surprised that B’s book is foolish and indecent, for he is a weak man and a libertine”. A is not within this exception, in as much as the opinion which he expresses of B’s character is an opinion not founded on B’s book. Exception
- 17. Seventh Exception-Censure passed in good faith by person having lawful authority over another. ILLUSTRATION a) a head of a department censuring in good faith those who are under his orders, b) a parent censuring in good faith a child in the presence of other children.
- 18. Eighth Exception-Accusation preferred in good faith to autho- rised person. ILLUSTRATION a) if A in good faith complains of the conduct of B, a servant, to B’s master. b) if A in good faith complains of the conduct of B, a child, to B’s father—A is within this exception.
- 19. Ninth Exception-Imputation made in good faith by person for protection of his or other’s interests. ILLUSTRATION A, a shopkeeper, says to B, who manages his business—“Sell nothing to B unless he pays you ready money, for I have no opinion of his honesty”. A is within the exception, if he has made this imputation on B in good faith for the protection of his own interests. Tenth Exception-Caution intended for good of person to whom conveyed or for public good.
- 20. Punishme nts Section-500 : Whoever defames another shall be punished with simple imprisonment for a term which may extend to 2 years, or fine, or with both. Section-501 : Printing or engraving matter known to be defamatory shall be punished with simple imprisonment for a term which may extend to 2 years, or fine, or with both. Section-502 : Sale of printed or Engraved substances containing defamatory matter shall be punished with simple imprisonment for a term which may extend to 2 years, or fine, or with both.
- 21. Section-500 According to section 500 of Indian penal code, Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
- 22. Section-501 Printing or engraving matter known to be defamatory. — Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
- 23. Section-502 Whoever sells or offers for sale any printed or engraved substance containing defamatory matter, knowing that it contains such matter, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
- 24. Thank You Associate Professor, School of Media, Zee University, Dehradun-Uttrakhand Phone: 9936825689 Email: ritesh.chaudhary22@gmail.com