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Rakeshh Gawale   26 June 2024

Defamation

Does a negative review about the behavior of a particular staff or owner of a business become liable for defamation?
e.g. If I post a review on google about a guest house that "the owner Mr. XYZ is a very rude and insensible person. He is a fraud."
Can the owner sue me for defamation?


Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     26 June 2024

If your reviews or statements fall as under then he may initiate legal action against you for defamation 


The laws of criminal defamation have been codified under Section 499 of the Indian Penal Code 1860 and to fall within the confines of this Section, a person must have made an imputation about another person with either an intention, knowledge, or reason to believe that such an imputation will harm the reputation of the person against whom such an imputation is made. This imputation could be either by words, signs or visible representations and they could either be made or published

Dr. J C Vashista (Advocate )     27 June 2024

It all depends upon infrance drawn by the person concerned after reading review, which may take cognizance and proceed for criminal or civil defamation case. Nothing can be presumed.

P. Venu (Advocate)     27 June 2024

Truth constitute a substantial defence in an action for defamamtion.


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