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MEANING OF DEFAMATION –ALL VALUERS NEED TO KNOW

MEANING OF DEFAMATION –ALL VALUERS NEED TO KNOW

Section 499 of the IPC defines defamation as words spoken or written, or signs or visible representations made or published with an intention of damaging the reputation of a person or a group of persons. Defamation may be bifurcated into two:

  • Libel: A defamatory statement made in a writing.
  • Slander: A defamatory statement made orally.

Also, Defamation is typically defined as a false statement someone makes about you, which they publish as a statement of fact, and which harms your personal and/or professional reputation or causes you other damages, including financial loss and emotional distress.




Section 499 in The Indian Penal Code

Defamation.—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, except in the cases hereinafter expected, to defame that person.

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.

Provisions Governing Online Defamation In India

  • Section 499, Indian Penal Code This section says that 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, except in the cases hereinafter excepted, to defame that person.
  • Section 500, Indian Penal Code This section provides for punishment. Any person held liable under section 499 will be punishable with imprisonment of two years or fine or both. 
  • Section 469, Indian Penal Code This section deals with the forgery, in this if anyone creates false document or fake account by which it harms the reputation of a person. The punishment of this offence can extend up to 3 years and fine.
  • Section 66A, Information Technology Act, 2000 This law has been struck down by the Supreme Court in the year 2015. This section defined punishment for sending ‘offensive’ messages through a computer, mobile or tablet. Since government did not clarify its stand on the word ‘offensive’, the government started using it as a tool to repress freedom of speech. In 2015 the Supreme Court quashed the whole section.

Defamation and Social Media

With the rise of social networks, content aggregation sites, and online commentary, the risk of defamatory content and false statements reaching a broad audience has increased tremendously in recent years. Sites are designed to encourage and incentivize the sharing of sensational information without any fact-checking or regulation.

A Facebook status update or tweet about a negative employment incident may receive dozens of ‘likes’ and comments, a searing Yelp review may be seen and rated by tens of thousands of users, and an edited photograph posted on Reddit may garner millions of views.

In today’s social media world, it has become easier and more rewarding than ever for bloggers or online users to share false information about a person or business. Though online content is occasionally moderated for pornographic or legal issues involving other inappropriate elements, most content is unregulated for defamatory elements. It’s important, therefore, that consumers, sharers, and potential victims better understand the landscape of online defamation and defamation law.

When a person is defamed in the cyberspace, it is known as cyber defamation or online defamation. Such potentially defamatory statement which made online or through social media — such as via Facebook or LinkedIn — that involves the written (or “posted”) word, is considered libel. The internet and social media are undoubtedly a great thing for people and society in general for development and growth, but they are also a uniquely effective breeding ground for potentially libelous statements.




What are the elements of a defamation claim?

The elements that must be proved to establish defamation are:

  1. a publication to one other than the person defamed;
  2. a false statement of fact;
  3. that is understood as
  4. being of and concerning the plaintiff; and
  5. tending to harm the reputation of plaintiff.

  If the plaintiff is a public figure, he or she must also prove actual malice.

Who Do You Sue for Online Defamation

The most obvious person to sue for defamation is the person who defamed you online, but that person might not have much money to pay damages or the defamatory comments may have been posted anonymously.

If you’ve been defamed online, it’s natural to want to sue the internet service provider (ISP) of the website that hosts the defamatory content, like Meta (Facebook), Twitter, or Yelp. After all, a big tech company is likely to have deeper pockets than the internet troll who is defaming you and you might genuinely believe that ISPs should bear some responsibility for the content on their sites.

But, for better or for worse, a federal law called the Communications Decency Act blocks you from suing ISPs for most defamation claims.

Modifications to Photos and Videos

Modified photos that have been altered to scandalize persons or businesses are a clear defamation violation and are quite popular on social media. It is common for modified photos or videos to go ‘viral’. The less obvious and absurd the modification, the more likely it is that a court will find it defamatory.

As a sharer or creator of content, always make sure that any information about a person or entity is truthful, especially if it could be considered injurious to their reputation.

Examples of Online Defamation

Let’s take a look at some examples to clarify the concept of online defamation. Say, you posted a status on Facebook saying that B is cheating on his wife. If the statement is true, it shall not be defamatory. However, if false, it has all the ingredients to constitute online defamation.




Things to Do Before You File an Online Defamation Lawsuit

Some states have laws that require you to ask for a retraction of an allegedly defamatory statement before you can file a lawsuit. If you don’t, your case might get dismissed or your damages may be limited.You’ll also need to preserve evidence for your defamation lawsuit. For example:

  • Take screenshots of the defamatory remarks.
  • Keep a list of URL links to the defamatory remarks.
  • Keep a record of the financial impact the defamation has had on you, like receipts, pay stubs, and medical bills.
  • Talk to witnesses who have read or viewed the offending posts.

Don’t delay in gathering evidence. If you wait too long, you risk losing what you need to prove your claim.

As the use of internet has expanded, many people have started using internet more as a means of communicating their thoughts on various issues and problems. The use of social media has brought a revolution not only in the Indian sphere but all across the world. The politicians are using these mediums to reach out to masses. Celebrity Stars are using these as a medium to connect to their fans and well-wishers.

In this society there is no distinction on any basis, internet has provided them a platform to convey their thoughts, get involved in discussions, and review a product, a movie, a song and even a person. Though this platform has provided us with insightful and well-read people, it has also provided us with goons who commit cyber defamation, so we have to be aware of what we are posting online. Posting offensive statement may put you in imprisonment as per the Indian Penal Code.




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