HOW HARD IS TO WIN A DEFAMATION CASE?

Things mentioned in the blog are-

• Introduction

• Essentials of the offence of defamation

• Punishment for Defamation

• How to Win a defamation lawsuit?

• Conclusion

Introduction –

Reputation for any individual is the most crucial part of life. People value their reputation as they value their life. Supreme Court observed that Article 21 of Indian Constitution protects the right of reputation. Defamation under Indian Penal Code means criticizing another person’s reputation by passing wrong and defamatory comments against them. When a defamation case is initiated successfully that doesn’t assure that you will win. For proving that you were defamed, you must prove that the statement was a lie, harmful and the person who passed that statement did not confirm its authenticity. All forms of proof including documents should be shared. Based on the nature of case a defamation case can result in bench or jury trial in which the decision is given by the judge. Lawyers are required to know about the topic of defamation in proper detail so as to take proper steps towards the case. There are various online legal certification courses available on defamation as this is a very vast and one of the most important concepts of law. These online legal courses are helping the law aspirants in a very fruitful manner as they get proper theoretical and practical knowledge through these courses.

Essentials of the Offence of Defamation –

Sections 499, 500, 501 and 502 of the Indian Penal Code, 1860 contain the provisions related to the crime of defamation. Section 499 lays down a complete definition of defamation and its exemptions. According to these provisions, the three essentials of the crime are as follows:

Making or Publication of Accusation: The first essential of the offence of defamation is making or publication of accusation. There are 2 types of defamation i.e. slander or libel. Slander means when the statement consists of words or signals and libel means when these words or gestures are in permanent form.

Means of Accusation: Another essential of defamation is the means of accusation i.e. how the defamation is done. The means of accusation can be by words, writings, signs or any visible representation. Editors, Publishers and distributors could be held liable for the defamation. If anyone wants to verify that he is not guilty of this case, he needs to prove that libel was published without their knowledge and in their absenteeism.

Intention of harming the reputation: Intention of people matters a lot in defamation case. There should be presence of intention of harming the reputation and respect of another person. The accusation made with the intention of lowering down the moral of another person is an essential of a defamation case. This is the last and most important factor of defamation.

Punishment for Defamation –

As defamation is an offence in the eye of law there should be a punishment also for the same. So in the Section 500, 501 and 502 of the Indian Penal Code the punishment for the defamation is mentioned. According to the provisions the following offences are punished with imprisonment of 2 years or fine or with both:

• Defaming another person

• Printing or engraving matter that is known to be defamatory

• Sale of printed or engraved materials which includes defamatory stuff

How to Win a Defamation Case?

A defamation case has 2 main factors that determine its direction- great lawyers and detailed evidence. The person who is being defamed should save the copies or photos of posted lies and recordings or any other valid proof before approaching to a lawyer for this case. Proper evidence should be collected by the person and then approach to the lawyer for this case. It is prudent to maintain complete openness and explain each and every detail to the lawyer. Provide all the evidence and list of witnesses to the lawyer at the first interaction.

Defamation lawsuits are tough fights that require proper preparation, patience and trustworthiness towards your lawyer. For the preparation of arguments, the lawyer should have all the details, evidence and witnesses of the case. This will help the lawyer to prepare likewise.

After collecting all the evidence, the lawyer will file a complaint in the court for initiating a defamation case. The defendant or their lawyer will be given enough time to respond to the complaint. Complainant and defendant will be given a chance to negotiate and settle outside court but if it fails the case will be continued in court which can result in a bench or jury trial where the decision will be given by the judge.

Battling a defamation lawsuit is quite tough but if proper evidences are collected and witnesses are there then the lawyer can put his best efforts to win that case.

Conclusion –

Since reputation and respect of every individual is important, the crime of defamation is also crucial, and its provisions are challenged for violating the rights guaranteed in the Article 19 of Indian Constitution of India. Section 499 puts down the list of comprehensive cases and circumstances where a person could be accused for making defamatory accusations as well as where their acts could be defensible under the exceptions. The controversies around this crime are established and the judiciary has played a pivotal role in addressing several queries that come forward. As defamation is quite lengthy and complex topic a law student needs to understand this with proper concentration. For understanding these tough concepts online legal certification courses are being provided so that this becomes an easy task for them to understand. Nowadays, these online legal courses are on a high demand as they provide the best knowledge in the best way so that it becomes so easy for a law aspirant to understand and memorise the concept.