Lawyers for defamation Issues in Chennai
DEFAMATION ATTORNEYS IN INDIA : Bhagwad Gita says, “For a Man of honour Defamation is worse than death”. It says defaming is indeed a Great Evil. Reputation is an integral part of an individual’s all in all dignity. Article 21 guarantees the natural right of reputation. Lawyers for Defamation laws protect interest and reputation of individuals.
What is defamation ?
Defamation is oral or written statement that hurts someone’s reputation. In India defamation is both a civil and criminal offence. Saying or writing something harmful to a person’s reputation is nothing but defamation. In fact, It’s against the law to cause willful harm to someone’s reputation. Of course, It is also against law to cause them to get people’s disgust or disgrace through various means. The various means are image, cartoons, caricatures or effigies.
Meaning of Slander
Slander is a form of defamation that conveys via speech and heard. It is in a verbal form.
For example- Rahul says bad things about the character of Seema which results in Seema losing her job. The act Rahul has committed is the crime of Defame in the form of slander.
Do you know the Libel offense
Libel is a form of defamation that we can see.
For example – anything that can write, print or something on an effigy, movie or statue can be libel.
Rahul writes about his wife Seema in a magazine in a derogatory manner. Rahul has committed the crime of defamation in the form of libel.
Punishment or remedy for defamation
The remedy for a civil defamation comes under Law of Torts. In civil defamation, a victim can move high court or subordinate courts for damages. Damages may be in the form of monetary compensation from accused. Section 499 and 500 of IPC provides an opportunity to the victim to file a criminal case for defaming . Punishment for criminal defamation is simple imprisonment up to two years or fine. It can also be both. Under the criminal law, it is bail-able, non-cognizable and compoundable offence
Elements of Defamation and its exception
The elements of defamation law are:
It must be in a spoken or written or published or visible manner and the offense must be false and injured the reputation of an individual or his family members or caste. That must lower the moral of the victim & statement not having special rights.
Following Statements are not defamation
- Any truth statement made in public interest;
- Any public opinion about conduct of a public servant in discharge of his functions.
- Conduct of any person touching any public question;
- Publication of any proceedings of courts of justice. It also includes any trial of court and judgment.
Proof of Defamation
To proof required for defamation case are:
- That the person who said or wrote things about you gives out a defamatory message.
- Publishing of that the material. It means to communicate with someone other than you.
- To identify and refer as the person in the defamatory material.
- That you suffered some injury to your reputation as a result of the communication.
Printing/Selling Defamatory Material
By printing or engraving something you know is defamatory to a person’s reputation. You will get punishment with jail time of up to 2 years and/or with fine. Generally, newspapers will be under prosecution under this provision.
Selling printed or engraved material is defamatory. Yet, It can attract a punishment with jail time of up to 2 years or with a fine. Above all, It can also be both.
Defamation in Reviews and Critiques
When a critique is in good faith on any public performance, then you will never be liable for an act of defamation.
For example A author of a book has given permission for public reviews. Then anyone making a statement against the same will not be liable for Defaming.
It is ok to comment on Rushdie’s latest novel as ‘boring and dull’ . But you attract punishment on “Only a boring and dull novel can be expected out of a nincompoop like Rushdie”
How defamation will harm a person ?.
Defaming is saying or writing something which is harmful to a person’s reputation
- This may also be in signs or pictures (cartoons, caricatures, photographs, and effigies).
- It must cause the person to be hated, or to be thought disgraceful, or lower the character of that person.
- Anybody can sue editors, printers and publishers for defamatory material published in newspapers.
- The imputation can also be ironical expression. What does this mean?
What will happen if you publish a statement in the newspaper ?. For eg., if you say 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 may be defamatory because it is a very specific fact about Hari taking bribes. In fact, The readers are likely to interpret your statement to say Hari actually took the bribe. Criminal attorneys in Chennai high court are experts in filing cases for defaming.
Please also keep in mind the following to avoid defaming :
- You will get a punishment if you say or write something to insult the reputation of a company or a group of people. This is applicable even if it is not of a single person alone. But, it is in the condition that this class or group of people is specific.
- Any body will get punishment even if the person whose reputation you harmed is dead. Most of all, What the Court will look at is whether the person’s reputation incur a damage if they were alive. Another thing that the Court will consider is if your actions hurt the feelings of that person’s family or relatives.
How an advocate in Chennai can help you in defamation cases ?
You need to proceed with a defame action. Lawyers can issue legal Notice to the offending party within a limited period of time. . It is vital to ensure that you have an expert and high-quality legal team on your side. Our lawyers give you the best opportunity to succeed. We have a proven record in defamation cases.
Our lawyers litigate both libel and slander cases. Advocates in our Law firm handle cases of individuals, organizations, and businesses. Based on this you can decide whether to sue or not for defame. Our lawyers focus on client success and fix a goal to win the case. Our skill, experience and knowledge allows us to give proper advice to clients. Mainly, It aids in negotiating a resolution to defamation disputes.