Friday, 11 January 2019
defamation:
section 499 and 500 ppc
the term defamation cover any statement that hurts someone reputation.
=>Written defamation is called "libel," and spoken defamation is called "slander."
=> there is no difference between libel and slander in ppc both are treated as same.
=>def: a person is guilty of defamation if he
1) by words...... spoken or written
2)by signs or visible representation
3) makes or publishes any imputation concerning a person
4) intending to harm or knows it would harm the reputation of such person
=> the victim must prove the following
•published
•false
•injurious
•unprivileged
=> essentials
1. First, the "statement" can be spoken, written, pictured, or even gestured
2. "Published" means that a third party heard or saw the statement
3. A defamatory statement must be false
4. The statement must be "injurious
5. Finally, to qualify as a defamatory statement, the offending statement must be "unprivileged
=> example
A draw a picture showing B running away with A's wrist watch. A's intention was to make others believe that B was a theif. this is defamation
=> exception
10 exceptions are given in ppc these cases didnot amount to defamation
1) any thing which is true
2) Opinion About conduct of Public Servant
3)Opinion About conduct of any person
4)Publication of Reports of Proceedings of Courts
5)Opinion About the Merits of any Case
6)Merits of Public Performance
7)Any Censure on the Conduct
8)Accusation in Good Faith
9)Imputation Made in Good Faith
10) imputation for the protection or interest of the person
=> punishment
simple imprisonment of 2 years or with fine or both
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