Protect Your Reputation - Expert Defamation Litigation Services

What Is Defamation?

Defamation is the act of communicating a false statement to a third party that results in damaging a person's reputation. It is the act of giving false information about a person that can harm their reputation, lower respect for them, or lead to bad opinions or sentiments against them. Defamation can either be criminal or civil. Types of defamation include libel, slander, false statement, publication, criminal defamation, and civil defamation.

Defamation litigation involves addressing harm caused by defamatory statements and false claims that damage a person’s reputation. Whether spoken (slander refers) or written (libel generally refers to written or printed words), such statements can have serious consequences. In defamation law, a false statement that is considered defamatory must be made to a third person and result in serious harm or serious financial loss. Both libel and slander fall under defamation and may give rise to a defamation claim, defamation suit, or defamation action in appropriate judicial proceedings.

Defamation is addressed in both the Indian Penal Code (IPC) and the Bharatiya Nyaya Sanhita (BNS), which came into force on 1 July 2024. In IPC, Sections 499 and 500 defined and criminalised defamation, BNS follows suit under Section 356, defining its meaning, exceptions, and punishment.

Types of Defamation Cases We Handle

Spoken defamation or slander, and written statements or libel, both fall under civil liability if they constitute defamation. Defamatory content can include statements implying sexual misconduct, false information, or accusations leading to emotional distress. The court will consider whether a reasonable person would interpret the message as defamatory. However, pure opinion,as opposed to factual assertions,is typically protected under the first amendment freedom and does not generally support a claim unless it implies undisclosed facts. We represent clients with a wide range of defamation cases involving both written, verbal (libel and slander) reputational harm. Here are some of the main categories of defamation cases we represent:

• Libel (Written Defamation)

  Libel is defamatory content in written or published form. Defamatory material in newspapers, magazines, books, or other printed publications fall under this category.

  • Example: A false article in a magazine accusing someone of financial impropriety.
  • Online Media: Entails defamatory blog postings, website posts, or postings on social networks.
  • Published Statements: Any written publication circulated to third parties that impairs reputation.
  • Example: Defamatory blog posting regarding unethical conduct on the part of a professional.

• Slander (Oral Defamation)

  Slander entails verbal communications or physical gestures that inflict damage on the reputation of a person when made known to other persons.

  • Verbal Statements: Oral comments in face-to-face or other spoken forms of communication
  • Example: A public accusation of fraud by an employer against an employee at a staff meeting.
  • Gestures: Non-verbal signs or movements with the intent to suggest defamatory meanings.

• Defamation Per Quod

  This refers to statements that are not directly defamatory but become defamatory when placed in context or with further information.

  • Example: A seemingly innocuous remark that is known to be defamatory to those who know the background facts.

• Defamation in Media

  This type consists of defamation cases involving conventional or electronic media sources that spread false or harmful statements.

  • Example: A news story falsely associating a person with criminal behavior without proof or explanation.

• Character Defamation

  These cases revolve around comments that directly defame or harm an individual's integrity, reputation, or moral character.

  • Example: A co-worker spreading false rumors implying professional dishonesty or personal impropriety.

• Defamation in Online Contexts

  Defamation resulting from electronic sources is rapidly becoming more widespread and encompasses:

  • Social Media Platforms: False defamatory content created via tweets, posts, or stories.
  • Example: A highly circulated post making false allegations about a company engaging in unethical business practices.
  • Online Forums and Blogs: Offensive remarks posted on websites, within comment sections, or through end-user-generated materials.

• Defamation Per Se

  Defamation per se is terminology used to express statements that inherently cause harm and do not necessitate further proof of harm.
  
  Examples:

  • Allegations of criminal behavior
  • Claims implying professional incompetence
  • False statements that a contagious disease exists.

• False Statements

  A basic type of defamation is that the offending statement should be factually untrue and lead to reputational loss when conveyed to a third party.

  • Example: A rival makes false allegations that a firm resorts to illegal practices to obtain customers, leading to reputational loss and monetary loss.

• Criminal Defamation

  Defamation is a civil offense, but in some jurisdictions, it is considered a criminal offense and can carry a penalty of imprisonment or fines.
  
  Example: A criminal charge for repeatedly making malicious and false public allegations about someone.
  
  To prove defamation, a claimant must show that the defendant acted with fault, depending on the status of the person involved. For public figures or public officials,like a police chief,the plaintiff must prove actual malice, meaning the defendant acted with reckless disregard for the truth or knew the allegedly defamatory statement was false. This actual malice standard stems from the Supreme Court decision in the Sullivan Court case, where the Supreme Court held that first amendment freedom of speech must be balanced with the right to protect one’s reputation. Private individuals, on the other hand, may only need to show negligence under defamation law, depending on particular circumstances.