Tort of Defamation Cases: Expression

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Every person has the right to protect and nurture his reputation.

It is an
inherent right that one can exercise against the whole world. The tort of
defamation is responsible for protecting this right. It basically empowers
a person to seek compensation against somebody who defames him.
Courts often have to balance this right to reputation with the
fundamental right of speech and expression. Learn defamation cases
here.
Tort of Defamation Cases
Defamation is nothing but the attack on a person’s reputation. It refers
to a malicious and deliberate attempt by somebody to harm a person’s
reputation. The most important requirement of defamation is that the
defamatory statement must be false. Even negative intention may be an
ingredient of defamation.

Depending on the manner in which one makes a false statement,


defamation may be either libel or slander. Libel basically means
defamation in a permanent or written form. For example, a written or
printed claim against a person is libel.

On the other hand, slander means a defamatory statement in a transient


form. For example, if a person says something defamatory against
somebody, he commits slander.

Another difference between libel and slander is the punishment they


attract. Under common law, libel is a criminal offence as well as a civil
wrong, while slander is just a civil wrong. However, that is not the case
in India. According to Indian law, both libel and slander can be criminal
offences as well as civil wrongs.
Remedy against Defamation
As we have seen above, defamation is an offence and even a civil
wrong. This means that a person suffering defamation can opt for both
remedies. He can file a criminal complaint under Section 499 IPC,
which defines defamation. Conviction under this provision attracts
the punishment of imprisonment unto 2 years or fine or both.

On the other hand, a person suffering from defamation can also file a
civil suit claiming damages. The extent of damages depends on factors
like the nature of statements, the amount of loss, etc. Many celebrities,
politicians and known persons seek crores of Rupees as damages for
defamation.

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