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Ritu Pandey   06 September 2024

Defamation under the new law

Vivek is a popular social media influencer who frequently posts about local events and issues. One day, he shares a vague post on his account that says, "Some well-known people in this town are involved in illegal activities. You know who they are." Even though he doesn’t mention anyone by name, the post sparks a lot of speculation among his followers. They begin pointing fingers at Meera, a successful restaurant owner in town. Meera has built her reputation over the years for running a family-friendly restaurant and is well-liked in the community.

However, after Vivek's post, rumors begin to spread that Meera is involved in illegal activities, causing many of her customers to stop coming to her restaurant. As a result, her business takes a financial hit, and she loses several large catering contracts. Meera feels that Vivek’s post unfairly led people to believe she was involved in something shady, even though he never named her. She decides to sue Vivek for suggestive social media statements leading to reputation harm, arguing that his vague message caused damage to her business and reputation.

Does the vague nature of Vivek’s message qualify as defamation if his followers incorrectly assumed Meera was involved in illegal activities? Can Meera claim compensation for the financial losses caused by the defamation, even though the accusation wasn’t explicit?



Learning

 1 Replies

Jasmine Panda   28 September 2024

Under Section 356 of BNS, Defamation claims are categorised by: the defamatory statement (false or true), and communication to the 3rd party with the intent to affect the reputation of the person, the statement is made about. 

In this case, Vivek's message will not qualify as defamation since the statement should be defamatory in nature from a neutral perspective. Vivek's followers cannot be considered as people with neutral perspectives in this case. It should have contained indirect or direct details pointing towards Meera. Further, it lacks intent since it appears as a general opinion and not a fact.  

It is also very hard to establish here that Vivek had malicious intent to cause damage to any person's reputation or that the statement published was made with similar intent. 

Meera cannot claim compensation for the financial losses caused by the defamation, since the accusation wasn’t explicit and did not contain any innuendo. Also, it would be too far-fetched to argue that Vivek's followers arrived to pointing fingers at Meera from that post only since the statement clearly appears speculative in nature and that too without referring to any certain individual which is required for the claim of compensation. 

The shortage of customers cannot be deemed as a direct consequence of the statement made, since there is nothing mentioned about Meera or her restaurant business in the statement published. 

 


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