OVERVIEW
In this topic, we are going to understand in which we will learn about defamation, which refers to the legal term in which a person will be held liable if he or she says any abusive statement to another person that damages their reputation, this will be said to be defamation. Now let us begin with the topic in which we will see its types and elements. Let us start.
TYPES OF DEFAMATION
There are two types of defamation which include libel and slander, let us go through these two types.
- Libel:
This type of defamation refers to the written form in which it is published permanently in newspapers, magazines, and other platforms.
- Slander:
This type of defamation is not published on any platform like libel but, it happens during conversation, speeches, and other modes of verbal communication.
ELEMENTS
If someone has sued for defamation the plaintiff should prove it, which includes:
- The false statement will not be considered if one wants, then it should be true because the truth is a complete defense against defamation claims.
- The false statement that has been said should be communicated to a third person
- The statement that is said to a person should down or humiliate one’s reputation.
- Fault will depend on the plaintiff whether it was in private or in a public group, if it happened in private then it will be negligence where the defendant didn’t take reasonable care, and if it happened in a public group, then the act will be malice must be proven.
DEFENCE UNDER DEFAMATION
Now here we will see some of the defenses that are available in defamation. Let’s begin.
- If the statement is false and it is proven true, it will not be declared defamatory, although it has affected someone’s reputation.
- There are some privileges in which no one can file a defamation case even if it is false. There are two types of privileges which include,
- Absolute, here in this complete immunity gives in specific cases like government communication, debates in legislative assembly, etc.
- Qualified, in this kind of privilege protects certain conditions as someone asked in good faith or with a legitimate interest which happens in the job, public interest communication.
- If the person consented to write a false statement in some publication then they cannot claim defamation.
CONCLUSION
At the end of this topic, we have learned about another legal term, which varies by jurisdiction and its difference, and defenses can differ significantly, although its main context always remains constant. Its main aim is to balance the protection of an individual with the right to speech.
