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    ANJALI DORA - Torts

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    Anjali Dora
    This document defines and explains the elements of defamation. It notes that defamation is the intentional communication of a false statement, either written or spoken, that harms a person's reputation. The key elements are that the statement must be defamatory, refer to the plaintiff, be published, and be false and malicious. It also outlines the differences between libel (written) and slander (spoken), possible defenses, available remedies such as civil damages or criminal punishment, and provides an example case.

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    ANJALI DORA - Torts

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    Anjali Dora
    9 views7 pages
    This document defines and explains the elements of defamation. It notes that defamation is the intentional communication of a false statement, either written or spoken, that harms a person's reputation. The key elements are that the statement must be defamatory, refer to the plaintiff, be published, and be false and malicious. It also outlines the differences between libel (written) and slander (spoken), possible defenses, available remedies such as civil damages or criminal punishment, and provides an example case.

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    IT IS VERY NICE AND EASY ONE.

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    ANJALI DORA.torts

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    This document defines and explains the elements of defamation. It notes that defamation is the intentional communication of a false statement, either written or spoken, that harms a person's reputation. The key elements are that the statement must be defamatory, refer to the plaintiff, be published, and be false and malicious. It also outlines the differences between libel (written) and slander (spoken), possible defenses, available remedies such as civil damages or criminal punishment, and provides an example case.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
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    9 views7 pages

    ANJALI DORA - Torts

    Uploaded by

    Anjali Dora
    This document defines and explains the elements of defamation. It notes that defamation is the intentional communication of a false statement, either written or spoken, that harms a person's reputation. The key elements are that the statement must be defamatory, refer to the plaintiff, be published, and be false and malicious. It also outlines the differences between libel (written) and slander (spoken), possible defenses, available remedies such as civil damages or criminal punishment, and provides an example case.

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    of 7

    ELEMENTS OF

    DEFAMATION
    ANJALI DORA
    BBA. LLB
    SEMESTER-3RD
    WHAT IS DEFAMATION ?

     DEFAMATION IS INJURY TO REPUTATION OF A PERSON.


     ANY INTENTIONAL FALSE COMMUNICATION, EITHER WRITTEN OR
    SPOKEN, THAT HARMS A PERSON’S REPUTATION; DECREASES THE
    RESPECT,REGARD,OR CONFIDENCE IN WHICH A PERSONIS HELD; OR
    INDUCES DISPARAGING, HOSTILE OR DISAGREEABLE OPINIONS OR
    FEELINGS AGAINST A PERSON, IS CALLED DEFAMATION.
    ELEMENTS OF DEFAMATION

     THE STATEMENT MUST BE DEFAMATORY.


     THE SAID STATEMENT MUST REFER TO THE PLANTIFF.
     THE STATEMENT MUST BE PUBLISHED.
     THE STATEMENT SO PUBLISHED MUST BE FALSE AND MALICIOUS.
    KINDS OF DEFAMATION

     LIBEL:- IT IS THE PUBLICATION OF OF A FALSE STATEMENTTENDING


    TO INJURE THE REPUTATION OF ANOTHER PERSON WITHOUT ANY
    LAWFUL JUSTIFICATION. IT IS A WRITTEN DEFAMATION ADDRESSED
    TO EYE AS WELL TO EAR.

     SLANDER:- IT IS A FALSE STATEMENT BY SPOKEN WORDS OR


    GESTURE TENDING TO INJURE THE REPUTATION OF ANOTHER. IT IS
    ADDRESSED TO EAR ONLY.
    DEFENCES AGAINST DEFAMATION

     JUSTIFICATION BY TRUTH
     PRIVILEGE
     PUBLIC INTEREST
     FAIR COMMENT
     APOLOGY
    REMEDIES FOR DEFAMATION

     THE REMEDIES AVAILABLE TO THE AGGRIEVED PERSON IN INDIA


    ARE OF TWO KINDS:
     1. CIVIL ACTION UNDER THE COMMON LAW:- THE CLAIM IS
    ESSENTIALLY FOR DAMAGES BY MONETARY COMPENSATION.
     2. IN CRIMINAL PROCEEDINGS FOR DEFAMATION :- IT IS
    PUNISHMENT WITH FINE AND/OR IMPRISONMENT.
    D.P. CHOUDHARY V/S. MANJULATHA

     A PUBLICATION WAS MADE IN THE LOCAL NEWSPAPER , DAINIK


    NAVJYOTHI THAT PLANTIFF A 17 YEAR OLD COLLEGE GIRL RAN
    AWAY WITH A BOY AFTER SHE WENT OUT OF THE HOUSE BY SAYING
    SHE WAS HAVING LECTURES. THIS FALSE NEWS ITEM HAD ADVERSE
    EFFECTS ON HER AND RUINED HER MARRIAGE PROSPECTS. IT WAS
    ACTIONABLE PER SE AND WAS AWARDED DAMAGES OF RS.10000/- BY
    WAY OF GENERAL DAMAGES.

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