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- Apr 2018
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indiankanoon.org indiankanoon.org
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If the Imputation is defamatory per se, necessary mens rea will be presumed - The principle laid down here, shifts the onus to prove to the defendant if the imputations are prima facie defamatory, and releases the burden from the complainant to prove that the allegations caused harm to his reputation
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indiankanoon.org indiankanoon.org
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The law of defamation is a culmination of a conflict between society and the individual. On one hand lies the fundamental right to freedom of speech and expression enshrined under Article 19(1)(a) of the Constitution of India, on the other is the right of individual to have his reputation intact. How far does the liberty of free speech and expression extend" And when does it become necessary for the law to step in to safeguard the right of the individual to preserve his honour. THE law of defamation seeks to attain a balance between these two competing freedoms.
In every society there needs to be a balance between the right to speech/expression and the right not to be defamed.
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indiankanoon.org indiankanoon.org
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The John Thomas vs Dr. K. Jagadeesan clears two concepts:
- If imputations are prima facie libellous or per se defamatory, the complainant need not establish that the imputations had indeed defamed or damaged him/her
- If a definite company, association or group of persons are defamed, any of the aggrieved director or office holder can feel aggrieved by the offence.
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