12 Matching Annotations
  1. Jul 2020
    1. Finally, the third, often forgotten, situation is that of a slanderer who makes unfavourable but true comments about another without any valid reason for doing so.
    2. The second situation occurs when a person says unpleasant things about another when he or she ought to have known they are false. A reasonable person generally refrains from sharing negative information about others if he or she has reason to doubt its veracity.
    3. The first occurs when a person makes unpleasant comments about a third party that he or she knows to be false. Such statements can only be made out of malice, with the intention of harming others.
    1. Lastly, in order for a statement to be defamatory, it must be unprivileged. You cannot sue for defamation in certain instances when a statement is considered privileged. For example, when a witness testifies at trial and makes a statement that is both false and injurious, the witness will be immune to a lawsuit for defamation because the act of testifying at trial is privileged.
    2. Defamation law walks a fine line between the right to freedom of speech and the right of a person to avoid defamation. On one hand, a reasonable person should have free speech to talk about their experiences in a truthful manner without fear of a lawsuit if they say something mean, but true, about someone else. On the other hand, people have a right to not have false statements made that will damage their reputation.
    1. However, social media websites don’t really care about defamation–they care about trademark use. T
    2. First, try reporting them to their registrar. Certain domain name registries have rules that prohibit websites from making a profit by posting defaming remarks.
  2. Apr 2018
    1. (e) A is accused of defaming B by publishing an imputation intended to harm the reputation of B. The fact of previous publications by A respecting B, showing ill-will on the part of A towards B, is relevant, as proving A’s intention to harm B’s reputation by the particular publication in question. The facts that there was no previous quarrel between A and B, and that A repeated the matter complained of as he heard it, are relevant, as showing that A did not intend to harm the reputation of B.

      Previous History of Animus is relevant to assign Mens Rea to any Imputations.

    1. 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

    1. 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.

    1. The John Thomas vs Dr. K. Jagadeesan clears two concepts:

      1. 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
      2. 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.