DEFAMATION LAW IN INDIA.
What is Defamation?
Defamation is harming someone’s reputation, through false statements in words, written or spoken. The false statements are published and outreaches to the public at large, harming a person’s credibility, personally and professionally. Reputation and goodwill is one of the most important asset for a person, sometimes equivalent to his financial status or even more important than that.
In India, Defamation is separated into two parts: Civil Defamation which is studied under Law of Torts and Criminal Defamation is studied under Indian Penal Code, 1860.
Libel and Slander
As discussed above, Defamation is publishing a written or spoken statement, that is untrue and harms the reputation of a person.
Libel is the written statement, that is published and is of a permanent nature. For example, Published Article, Movie, Video, Anything that is permanently recorded for the public to see is Libel. While, Slander is the spoken statement, which is usually temporary in the minds of the public and usually is forgotten with time.
In India, Libel and Slander, both can be tried under civil or criminal law, independently. Unlike in United Kingdom or United States, where defamation is a civil wrong.
DEFAMATION — Civil Law
Civil Defamation is harming someone’s reputation through writing or speaking false statements and publicizing it to the people. Defamation under Civil Law is unintentional, misguided and heedless. The defendant does not intend to harm the plaintiff’s reputation but does not even bother to make sure that the statement is true.
Essentials of Civil Defamation:
- The statement was false.
2. The statement was defamatory.
3. The statement was published.
3. The defamatory sentence was made for the plaintiff.
4. The statement harmed the reputation of the person.
Defences for the Defendant:
- The statement made by the defendant is true.
- Fair comments made by the government administration, courts or public companies for the interest of the public are exceptions of Defamation.
- Absolute Privilege is given to the Parliament Proceedings, Judicial Proceedings and State Communications. They have Absolute Privilege over Defamation, even if the statements are false.
- Qualified Privilege is given to the people who gives opinion through their personal experience of a person in order to immune themselves or others from incurring losses. For example, A tells his younger Brother B, not to lend his money to X, because X is not a reliable man. Here A did not defame X. A said so, because X borrowed money from A, and have not repaid it in years.
How to file a Civil Suit for Defamation?
- File a plaint in the Court. A plaint is the written complaint which includes the details and nature of the case. For example: names and address, name of the court, etc.
- Pay the court fees.
- On the first hearing, the Court will decide whether the case matter is genuine or not. If the Court finds it fit, a legal notice will be served to the other party(Defendant) for the next hearing. Meanwhile, the Plaintiff is required to:
a) Pay court fees;
b) Submit two copies of the complaint to the court for each defendant;
c) Plaintiff is required to send one copy of the plaint to each defendant by post/courier and the second one by the mail.
d) This shall be completed within seven days of the court order.
4. Once the Respondent receives the legal notice from the court, he shall give a written statement within thirty days of the date of administration of the notice or the time period that the court has allowed. The written statement shall include Defendant’s verification of the details and the denial of all the charges that the plaintiff has levied on the Respondent. Any charges that are not denied are believed to be true.
5. After the Respondent has recorded the written statement with the court, the Plaintiff is suppose to submit Plaintiff’s Replication. Under Plaintiff’s Replication, the Plaintiff will deny all the charges that the Respondent has levied on the Plaintiff. No response towards any charges is believed to be true.
6. This ends the Pleading process.
7. The parties are suppose to submit the relevant documents. The original copy is submitted to the court and the backup copy is provided to the opposite party.
8. The court then prepares the issues that are to be addressed while the proceedings. The Advocates then argue on the basis of the issues.
9. The parties are suppose to give the lists of the witnesses, within fifteen days, after the court framed the issues, or as the Court mentioned.
10. On the Final hearing, the Advocates give their arguments. The court then gives the final order, either on the same day or the next date given by court.
11. In case, any of the party is not satisfied with the court’s order, they can appeal, review or reference.
DEFAMATION — Criminal Law
Criminal Defamation is intentionally harming someone’s reputation with the spited intention or with the complete knowledge that the publicizing of such defamatory statement would result in the defamation of that person.
Criminal Defamation is dealt under Section 499- 500 of the Indian Penal Code, 1860. Section 499 defines Defamation, “Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person.” Section 500 defines the punishment for Criminal Defamation, “Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.” It is a bailable and non-cognizable(police cannot arrest the offender without a warrant) offence.
Essentials of Criminal Defamation:
- The statement was false.
2. The statement was Defamatory.
3. The statement was publicized.
4. The statement harmed the reputation of the person.
Defences for the Accused:
- The statement was true.
- Fair comments made by the government administration, courts or public companies for the interest of the public are exceptions of Defamation.
- Absolute Privilege is given to the Parliament Proceedings, Judicial Proceedings and State Communications. They have Absolute Privilege over Defamation, even if the statements are false.
- Qualified Privilege is given to the people who gives opinion through their personal experience of a person in order to immune themselves or others from incurring losses. For example, A tells his younger Brother B, not to lend his money to X, because X is not a reliable man. Here A did not defame X. A said so, because X borrowed money from A, and have not repaid it in years.
How to file a Criminal Case against Defamation?
- The victim can lodge an FIR(First Information Report) with the nearest Police Station. Criminal Defamation is a non-cognizable offence, therefore after receiving the information, the police officer in charge will take cognizance from the Magistrate and then only can they start their investigation or the Magistrate himself/herself will investigate the case.
- The magistrate will then ask questions to the victim and all the witnesses of the case. This shall be done under oath. All the details shall be noted in a written form. All the documents shall be duly signed by the victim, witnesses, and the Magistrate, respectively.
The victim has an option of filing a private complaint.
3. If the Magistrate has acknowledged the offence, he may issue a procedure against the accused. The accused is served with a legal notice to appear before the Magistrate.
In case, the Magistrate does not have enough evidence to proceed, he shall appoint a police officer or an official detective to investigate about the complaint.
In case, the Magistrate deems it necessary to believe the complaint, even without an investigation, can issue summons against the accused and proceed with the trial.
In case, the Magistrate, fails to find enough reasons to proceed, he shall reject the complaint, and the complainant can file petition for revision with the Session’s Court.
4. Once the investigation has been done, the police shall file the final report of the case, with the magistrate.
In case, the Police does not find and relevant evidences against the Accused, they shall release him/her on bond. The final report shall be a Closer Report.
In case, the Police finds relevant evidences against the Accused, they shall prepare a Charge Sheet. If the accused is not arrested during the investigation, he/she shall be arrested, once the charge sheet is filed.
5. The Magistrate appoints the Court for the case, that has the jurisdiction to hear and pass judgement to the parties. In the case of Criminal Defamation, the punishment is up to 2 years or fine or both. Therefore, this case is heard by The Judicial Magistrate First Class or Metropolitan Magistrate.
6. The parties can file for Appeal in the higher courts.
CYBER DEFAMATION
If the advancement and rapid growth of technology and internet has changed our lives for the best, it has taken from us a lot too. All of us are aware of the pros and cons of digitization, one such con is Cyber Defamation. Cyber Defamation is defaming a person online or through internet. Under Cyber Defamation, a person intentionally publishes defamatory false statement, which injures the reputation of a person. Cyber world has connected each one of us with the others, throughout the globe, therefore, this crime is timeless and without boundaries.
Legal Provisions for Cyber Crime in India:
- Section 469 of Indian Penal Code,1860- Forgery for the purpose of harming reputation. Whoever commits forgery, 1[intending that the document or electronic record forged] shall harm the reputation of any party, or knowing that it is likely to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
- Section 499 of Indian Penal Code,1860 defines Defamation. It included Cyber Defamation after the enactment of Information Technology Act,2000.
- Section 503 of Indian Penal Code,1860- Criminal intimidation. — Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.
CONCLUSION
Jeff Brown said, “Words. So Powerful. They can crush a heart or heal it. They can shame a soul or liberate it. They can shatter dreams or energize them. They can obstruct connection or invite it. They can create defences or melt them. We have to use words wisely.”
