Creating blogs with an intention to defame
RANGWANI KISHORE
(Querist) 14 December 2016
This query is : Resolved
My cousin has been creating blogs with ulterior motive to defame me . What actions can be taken against him for this.
Ms.Usha Kapoor
(Expert) 15 December 2016
Section 499 of IPC defines criminal defamation
What is Defamation? What is the punishment for the defamation? Section 499 and 500 of Indian Penal Code 1860.
Defamation and punishment for defamation are defined under Section 499 and 500 of Indian Penal Code 1860. Provisions under this section is:
Section 499 of Indian Penal Code. "Defamation"
Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person.
Explanation 1- It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.
Explanation 2- It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.
Explanation 3- An imputation in the form of an alternative or expressed ironically, may amount to defamation.
Explanation 4- No imputation is said to harm a person's reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loath some state, or in a state generally considered as disgraceful.
Illustrations
(a) A says-"Z is an honest man; he never stole B's watch"; intending to cause it to be believed that Z did steal B's watch. This is defamation, unless it fall within one of the exceptions.
(b) A is asked who stole B's watch. A points to Z, intending to cause it to be believed that Z stole B's watch. This is defamation unless it fall within one of the exceptions.
(c) A draws a picture of Z running away with B's watch, intending it to be believed that Z stole B's watch. This is defamation, unless it fall within one of the exceptions.
First Exception- imputation of truth which public good, requires to be made or published- It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact.
Second Exception- Public conduct of public servants- It is not defamation to express in a good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further.
Third Exception- Conduct of any person touching any public question- It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further.
Illustration
it is not defamation in A to express in good faith any opinion whatever respecting Z's conduct in petitioning Government on a public question, in signing a requisition for a meeting on a public question, in presiding or attending a such meeting, in forming or joining any society which invites the public support, in voting or canvassing for a particular candidate for any situation in the efficient discharges of the duties of which the public is interested.
Fourth Exception- Publication of reports of proceedings of Courts- It is not defamation to publish substantially true report of the proceedings of a Court of Justice, or of the result of any such proceedings.
Explanation- A Justice of the Peace or other officer holding an inquiry in open Court preliminary to a trial in a Court of Justice, is a Court within the meaning of the above section.
Fifth Exception- Merits of case decided in Court or conduct of witnesses and others concerned- It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further.
Illustrations
(a) A says-"I think Z's evidence on that trial is so contradictory that he must be stupid or dishonest". A is within this exception if he says this is in good faith, in as much as the opinion which he expresses respects Z's character as it appears in Z's conduct as a witness, and no further.
(b) But if A says-"I do not believe what Z asserted at that trial because 1 know him to be a man without veracity"; A is not within this exception, in as much as the opinion which he express of Z's character, is an opinion not founded on Z's conduct as a witness.
Sixth Exception- Merits of public performance- It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further.
Explanation- A performance may be substituted to the judgment of the public expressly or by acts on the part of the author which imply such submission to the judgment of the public.
Illustrations
(a) A person who publishes a book, submits that book to the judgment of the public.
(b) A person who makes a speech in public, submits that speech to the judgment of the public.
(c) An actor or singer who appears on a public stage, submits his acting or signing in the judgment of the public.
(d) A says of a book published by Z- "Z's book is foolish; Z must be a weak man. Z's book is indecent; Z must be a man of impure mind". A is within the exception, if he says this in good faith, in as much as the opinion which he expresses of Z respects Z's character only so far as it appears in Z's book, and no further.
(e) But if A says-"I am not surprised that Z's book is foolish and indecent, for he is a weak man and a libertines. A is not within this exception, in as much as the opinion which he expresses of Z's character is an opinion not founded on Z's book.
Seventh Exception- Censure passed in good faith by person having lawful authority over another- It is not defamation in a person having over another any authority, either conferred by law or arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates.
Illustration
A Judge censuring in good faith the conduct of a witness, or of an officer of the Court; a head of a department censuring in good faith those who are under his orders; a parent censuring in good faith a child in the presence of other children; a schoolmaster, whose authority is derived from a parent, censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith for remissness in service; a banker censuring in good faith the cashier of his bank for the conduct of such cashier as such cashier-are within the exception.
Eight Exception- Accusation preferred in good faith to authorised person- It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation.
Illustration
If A in good faith accuse Z before a Magistrate; if A in good faith complains of the conduct of Z, a servant, to Z's master; if A in good faith complains of the conduct of Z, and child, to Z's father-A is within this exception.
Ninth Exception- Imputation made in good faith by person for protection of his or other's interests- It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the interests of the person making it, or of any other person, or for the public good.
Illustrations
(a) A, a shopkeeper, says to B, who manages his business-"Sell nothing to Z unless he pays you ready money, for 1 have no opinion of his honesty". A is with in the exception, if he has made this imputation on Z in good faith for the protection of his own interests.
(b) A, a Magistrate, in making a report of his own superior officer, casts an imputation on the character of Z. Here, if the imputation is made in good faith, and for the public good, A is within the exception.
Tenth Exception- Caution intended for good of person to whom conveyed or for public good- it is not defamation to convey a caution, in good faith, to one person against another, provided that such caution be intended for the good of the person to whom it is conveyed, or of some person in whom that person is interested, or for the public good.
Section 500 of Indian Penal Code. "Punishment for Defamation"
Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both
Section 501 of Indian Penal Code. "Printing or engraving matter known to be defamatory"
Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
Section 502 of Indian Penal Code. "Sale of printed or engraved substance containing defamatory matter"
Section 502 IPC: Whoever. sells or offers for sale any printed or engraved substance containing defamatory matter, knowing that it contains such matter, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both
Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
Some one knowing it to be defamatory prints some matter he is liable to two years imprisonment or fine or both unless the defamatory statement is true or made in good faith.
For our porpoise 501 and502 definitions are enough.
Civil written defamation is called libel in tort.unless it is true you will have to pay damages a sit sullies reputation.
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Lesson Transcript
Instructor: Jessica Schubert
Jessica is a practicing attorney and has taught law and has a J.D. and LL.M.
In this lesson, you can learn how a statement can be considered libel while also studying the defenses to a libel legal action. You will also review two significant historical cases regarding libel and see how libel fits in with journalism and First Amendment rights.
What Is Libel?
When one reads or listens to another individual's words, one typically listens with an open mind. In other words, there is generally no reason to be suspicious of the speaker's words. This situation is particularly applicable where journalists report on other people or entities.
When a person, journalist or not, writes or speaks privately or publicly about another person or party, that person has to abide by the law of libel. Failure to do so will result in possible litigation arising from the false statement.
Libel arises when one makes a false statement about another person or entity that causes harm to that person's or entity's reputation. In order to be treated as libel, there must be publication of the statement; in other words, the statement must be made to another person. Publication of the libelous statement can be made by a written format, such as a newspaper article or internet posting, or by an oral statement, such as in conversation or by radio or television. In addition, the statement can be made to one person or many people, such as in a speech. Furthermore, cartoons, signs, and artistic depictions can be treated as libel if they include false statements and are communicated to another person.
The libelous statement must also be expressed as a factual statement. Thus, the statement is not just another person's opinion about a person or entity. For example, if one says 'The actress looked disheveled,' this would be an opinion and not a statement, and as such, does not constitute libel. On the other hand, if the statement was 'The actress was drunk and looked disheveled', this would constitute libel if the actress was not drunk. Consequently, if one is critiquing a person or entity, it does not constitute libel if the critique expresses an opinion. Moreover, libel differs from slander because slander refers solely to spoken words. However, even though radio or television broadcasts involve spoken words, the fact that the words are made via a transfixed method results in the radio and television broadcasts conveying libel.
The Law on Libel
Libel is an action based upon torts. Moreover, the specific laws applicable to a tort depend upon the state with jurisdiction over the case. Generally, in order to sue for libel, one must demonstrate that the libelous statement is not only false, but also caused, or could potentially cause, harm to one's reputation. The statement must also cause others to dislike, hate, or have contempt for the party against which the statement was made. Furthermore, the law requires proof that the libelous statement was actually published; that is, the false statement was communicated to another person. Finally, in order to succeed in a libel lawsuit, one must demonstrate that actual harm occurred to one's reputation or occupation as a result of the libelous statement.
In order to sue for damages for a libel case, it is necessary to demonstrate that actual harm was made to the party against whom the statement was made. Additionally, where one can prove that a party either wrote or spoke the libelous statement with a malicious intent, one can obtain special damages, which are additional monies designed to punish the publisher of the statement.
In addition, there are special laws in most jurisdictions regarding individuals in the public eye. These cases relate mostly to politicians and other governmental figures and indicate that a public figure is immune from libel suits. Therefore, if a public person attempts to file a successful libel case against a party for a false statement, it is necessary that the person demonstrate malicious intent.
Defenses Against Libel Charges
There are several key defenses one can assert if they are sued for defamation. Initially, if the statement is true, the speaker cannot be liable for the statement. Additionally, where statements are from official documents, such as records of meetings, the statements cannot be treated as libel. Finally, if the statements are expressions of opinion only, these cannot be the basis for a libel lawsuit. So you can file both civil and criminal defamation for publishing the defamatory blog against the blogger.
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Sudhir Kumar, Advocate 
(Expert) 15 December 2016
in nutshell for proving alegation youhave to prove that
(i) statement is made by denfedent
(ii) statement is made regarding you
(iii) statement made know to third party
(iv) you lost respect by such statement
and not to forget
(v) statement is false as well.
Kumar Doab
(Expert) 15 December 2016
The question arises can you establish so!
R.K Nanda
(Expert) 15 December 2016
file complaint in cyber cell of police of ur area against him.
Rajendra K Goyal
(Expert) 15 December 2016
What type of contents are in the blog?
Why he is doing so?
In the given situation agree with the expert Sudhir Kumar.
