Question:
Legal Principles:
1. Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person.
2. The statement must tend to lower the claimant in the estimation of right- thinking members of society.
3. A mere vulgar abuse is not defamation.
4. Defamation encompasses both written statements, known as libel, and spoken statements, called slander.
5. A public official or public figure can recover damages for defamation on a
matter of public concern only if he proves that the speaker acted with actual malice.
Facts: In 2018, a police officer, Suresh Singh, shot and killed Dayal. After the officer was convicted of culpable homicide not amounting to murder, Dayal's family retained a lawyer, Kaushal, to represent them in civil litigation against the officer. In a magazine called Indian Opinion, the Anti-Communist Society accused Kaushal of being a "Naxalite" and a "Communist-fronter" because he chose to represent clients who were suing a law enforcement officer. Because the statements contained serious inaccuracies, Kaushal filed a libel action against the editors of the magazine. Decide whether he will succeed.
Legal Principles:
1. Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person.
2. The statement must tend to lower the claimant in the estimation of right- thinking members of society.
3. A mere vulgar abuse is not defamation.
4. Defamation encompasses both written statements, known as libel, and spoken statements, called slander.
5. A public official or public figure can recover damages for defamation on a
matter of public concern only if he proves that the speaker acted with actual malice.
Facts: In 2018, a police officer, Suresh Singh, shot and killed Dayal. After the officer was convicted of culpable homicide not amounting to murder, Dayal's family retained a lawyer, Kaushal, to represent them in civil litigation against the officer. In a magazine called Indian Opinion, the Anti-Communist Society accused Kaushal of being a "Naxalite" and a "Communist-fronter" because he chose to represent clients who were suing a law enforcement officer. Because the statements contained serious inaccuracies, Kaushal filed a libel action against the editors of the magazine. Decide whether he will succeed.
1. Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person.
2. The statement must tend to lower the claimant in the estimation of right- thinking members of society.
3. A mere vulgar abuse is not defamation.
4. Defamation encompasses both written statements, known as libel, and spoken statements, called slander.
5. A public official or public figure can recover damages for defamation on a
matter of public concern only if he proves that the speaker acted with actual malice.
Facts: In 2018, a police officer, Suresh Singh, shot and killed Dayal. After the officer was convicted of culpable homicide not amounting to murder, Dayal's family retained a lawyer, Kaushal, to represent them in civil litigation against the officer. In a magazine called Indian Opinion, the Anti-Communist Society accused Kaushal of being a "Naxalite" and a "Communist-fronter" because he chose to represent clients who were suing a law enforcement officer. Because the statements contained serious inaccuracies, Kaushal filed a libel action against the editors of the magazine. Decide whether he will succeed.
Updated On: Aug 5, 2024
- No, as it is mere vulgar abuse.
- The statement may be defamatory but the editors of the magazine are not liable unless Kaushal is able to establish actual malice in making the statement.
- No, as the statement does not tend to lower Kaushal in the estimation of right-thinking members of society and print media is known for such type of journalism.
- Yes, as statement is defamatory and Kaushal is not required to establish actual malice to successfully bring a claim of defamation.
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The Correct Option is D
Solution and Explanation
The correct option is (D):Yes, as statement is defamatory and Kaushal is not required to establish actual malice to successfully bring a claim of defamation..
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