Defamation involves negative communication about an individual or group that damages their reputation. It can be implied or expressed claims that are false. Libel refers to written defamatory statements while slander is spoken. Defamatory statements are divided into categories that excite hatred, contempt, affect profession/business, or cause someone to be avoided. Defenses include good faith, public good, justification, or fair comment. Remedies for defamation are civil damages or criminal punishment through fines or imprisonment.
Defamation, Libel, Slander, Blasphemy and Sedition Explained
1. Defamation is the communication of a
statement that makes a claim, expressly
stated or implied to be accurate, that may
give an individual, business, product, group,
government, religion or nation a negative
or inferior image.
2. It can be also any disapproving statement
made by one person about another, which is
communicated or published, whether true or
false, depending on legal state.
In Common Law it is usually a requirement
that this claim be false and that the
publication is communicated to someone
other than the person defamed (the claimant).
3.
4. The action or crime of making a false spoken
statement damaging to a person's reputation.
It is a writing tending to injure and degrade the
character of a person, who is the object of it.
Hence, Libel is a defamatory statement published in the press
or otherwise, while slander is oral defamation.
5. Libelous statements are divided into the
following 4 categories:
•Exciting hatred, contempt, scorn or ridicule
•To be shunned or avoided by society
•Affecting profession, calling or office
•Affecting trade or business
6. Good Faith
Public Good
Justification
Fair comment
Privilege
Apology
7. The remedies available to the aggrieved person in India
are of two kinds:
1. Civil action under the common law
2. Criminal proceedings for defamation
In the first, the claim is essentially for damages by monetary compensation.
In criminal proceedings, it is punishment with fine and/or imprisonment.
8. Blasphemy is the act of insulting or showing
contempt or lack of reverence for a religious deity
or the irreverence towards religious or holy persons
or things.
9. Sedition is conduct or speech inciting people to rebel
against the authority of a state or monarch.
Sedition may include any commotion, though not aimed
at direct and open violence against the laws.
Seditious words in writing are seditious libel.