Defamation
1. Introduction:
Defamation is an area of tort-law. Basic philosophy, which works behind doctrine of defamation, is that reputation, status or profession of a person should be protected against unjustified insults. Due to this philosophy, it has been decided that an action should be brought up for shouting at someone contrary to good.
2. Definition of Defamation:
Defamation can be defined as a defamatory statement, which injures reputation of another person and exposes him/her to hatred, contempt, or ridicule, or which tends to lower him in esteem of right-thinking members of society.
3. Explanation of Defamation:
Following points are important for further explanation of defamation:
i. Wrong Reputation of A Person:
Under tort-law defamation is considered a wring, which affects reputation of a person.
ii. Essentials of Defamation:
Followings are main essentials of defamation:
a. Defamatory Statement:
First essential of defamation is that the statement should be defamatory. Here following two principles are important:
i. Use of Defamatory Words:
When words, which have been used in defamatory statement, are themselves defamatory, it is no necessary to prove intention or motive of wrong-doer.
ii. Use of Innuendo Meanings of words:
When words, which have been used in defamatory statement, have been used in innuendo meanings it is necessary for affected person to prove how words have been used in innuendo sense.
b. False Statement:
Another esintial of defamation is that defamatory statement should be a false statement.
c. Referring of Defamatory Statement to Affected Person:
It is also essential of defamation that defamatory statement should be referred to affected person. Here basic principle is that affected person is under burden to prove referring of defamatory statement to him.
d. Publication of defamatory Statement:
Another essential of defamation is publication of defamatory statement. Here publication of defamatory statement means to make the statement known to some person other that affected person.
iii. Remedies Against Defamation:
In following situations affected person can avail remedy either in the form of damages or in the form of injunction against defamation:
a. Permanent Injunction:
If some defamatory statement has already been published, affected person cannot only seek a permanent injunction to prevent any re-publications but can also seek damages against such published defamatory statement.
b. Temporary Injunction:
If a person discovers that some defamatory statement can be published in the future against him, he can apply to court for an injunction to stop publication of such defamatory statement.
c. Exemplary Damages:
In some cases of severe of defamation exemplary damages can be awarded.
|
