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A statement can be expressed ironically but can still amount to defamation. For example, you publish a statement in the newspaper saying that Hari, the local politician, is an honest man and has never taken a bribe of Rs. 5,00,000 for construction of a bridge. Your statement might be considered defamatory (if it isn’t actually true) because it is a very specific fact about Hari taking bribes and readers are likely to interpret your statement to say Hari actually took the bribe.
Theme: Defamation
If I wrote an article cautioning a community about a problem, would it amount to defamation?
It is not defamation to caution someone against another, but you should make sure that the caution is in good faith, or for the public good.
Can I be punished under defamation law if I said something indirectly but in good faith?
There is an exception under this provision for making an accusation before a lawful authority in good faith. However, in this situation, you need to go to the right authority. For example, the municipality is not the legal authority in charge of investigating tax evasion – therefore this exception will not apply and you can be punished for defaming your neighbour.
Can I be punished under defamation law for filing a complaint against my neighbour for evading taxes before the local municipality?
There is an exception under this provision for making an accusation before a lawful authority in good faith. However, in this situation, the municipality is not the legal authority in charge of investigating tax evasion – therefore this exception will not apply and you can be punished for defaming your neighbour.
Can I be punished under defamation law for scolding my student for making a ruckus in class?
No, there is an exception under defamation law for any person who has lawful authority over another to criticize that person in good faith. However, if you publish statements about the student being naughty and uncultured in the school newsletter, you can be punished under this provision.
Can I be punished under defamation law for publishing my opinion regarding a witnesses’ conduct in court?
There is an exception under this law for expressing your opinion in good faith regarding the conduct of a party, witness or agent in a court case or regarding the merits of the case after it has been decided. However, you can be punished for maliciously attacking the character of a witness on grounds which are unconnected to her conduct during the trial.
Can I be punished under defamation law for reporting the outcome of a court case?
There is an exception under defamation law for publication of reports regarding court proceedings. The report should, however, be true for the most part at least.
Is it defamation to say that a doctor is being unprofessional by advertising her hospital in an academic journal?
There is an exception under this provision for expressing your opinion in good faith on another person’s conduct on a public question. In this situation, if the doctor, in her academic article, was trying to promote the hospital she works for, it would be okay for you to express the fact that such conduct was unprofessional.
Is tweeting about a corruption scandal involving the local politician defamation?
No, it is not a crime if you have expressed your opinion about any public servant in good faith. As long as you have expressed your opinion honestly, without misrepresenting the facts, you cannot be punished for defamation. If you did this out of hatred or vengeance, then you can be punished.
Is saying the truth a crime of defamation?
No. Saying or publishing the truth which for public good is an exception to defamation law. The Court will look into the facts to decide if the statements you made were actually for the public good.
My neighbor is spreading false statements about me. Is this defamation?
Yes, if they are making false statements about you verbally with the intention of harming your reputation, it can be considered defamation in the form of slander. Read more on the punishment for defamation.
Online bullying and defaming
To report online abuse, you can approach various authorities apart from the Cyber Crime Branch. To know more, read here.
Can I be punished under defamation law for expressing my opinion about my friend’s potential business partner to protect her from being duped?
There are exceptions in the law for expressing your opinion on another person’s character or cautioning against another person so long as you did this in good faith and to protect either your or another person’s interests or for a public good.
What are the Forms of Defamation?
Saying or writing something harmful to a person’s reputation is defamation. It’s against the law to intentionally harm someone’s reputation, cause them to be hated or disgraced through text, image, cartoons, caricatures or effigies.
There can be two forms of defamation – slander and libel.
Slander
Slander involves something that is spoken, with the intention to harm someone’s reputation, and which can be heard. It is in verbal form. For example, Rahul says bad things about Seema’s character, which results in Seema losing her job. Rahul has committed the crime of defamation through slander.
Libel
Libel involves something that is visually represented, with the intention to harm someone’s reputation, and which can be seen. So, anything that can be written, printed or something on an effigy, movie or statue can be libel. If Rahul writes something about Seema in a magazine in a derogatory manner, then Rahul has committed the crime of defamation through libel.
What is the Punishment for Defamation?
If you say or write something to insult the reputation of a person, group of people or a company, a court can punish you for defamation. When the insult is to a group of people, the court should be able to identify this class or group of people.
If you harm the reputation of someone who is dead, the court can still punish you for defamation. The Court will look at whether:
- you would have harmed the person’s reputation if they were alive, and
- if you hurt the feelings of their family or relatives.
The deceased person’s legal representatives or relatives can file the case on their behalf.
The punishment for defamation, in such cases, is jail time up to 2 years and/or a fine.
Printing or engraving something harmful to a person’s reputation and selling or trying to sell printed or engraved defamatory material are also criminal acts. The court can punish you with jail time of up to 2 years and/or with fine.
How Can You Prove Defamation?
To prove a defamation case, you have to show the following things:
- That the person who said or wrote things about you conveyed a defamatory message
- That the material was published, meaning that it was conveyed to someone other than you.
- That you could be identified as the person referred to in the defamatory material
- That you suffered some injury to your reputation as a result of the communication.
What is the Punishment for Printing/Selling Defamatory Material?
If you print or engrave something you know is defamatory to a person’s reputation, the court can punish you with jail time of up to 2 years and/or with a fine. Generally, newspapers are prosecuted under this provision.
The court can punish you for selling or trying to sell printed or engraved defamatory material with jail time of up to 2 years and/or with a fine.
Are Reviews/Critiques Excluded from Defamation?
Yes, if the review or critique of any public material or performance was made in good faith, then it is not considered an act of defamation. For example, if the author of the material has given permission for it to be reviewed by the public, then anyone making a statement against the same will not be held liable for defamation.
However, while a review or critique of a public material or performance was made in good faith is fine, a personal criticism about the creator that can insult their reputation can still be defamation. For example, it may be okay for you to critique Rushdie’s latest novel as ‘boring and dull’, but you can be punished for saying that “Only a boring and dull novel can be expected out of a nincompoop like Rushdie”.