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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 is known as defamation. Defamation is the act of making untrue statements about another which damages his/her reputation. It is a statement that injures someone's reputation. Defamation is the act of saying false things in order to make people have a bad opinion of someone. Defamation may be defined as a communication to some person, other than the person defamed, of the matter which tends to lower the plaintiff in the estimation of right-thinking persons or to deter them from associating or dealing with him. Defamation is a wrong done by a person to another's reputation by words, written or spoken, sign or other visible representation. Defamation is of two kinds Libel and Slander. If the statement is made in writing and published in some permanent and visible form, then defamation is called Libel. Whereas, if the statement is made by some spoken words then the defamation is called Slander.

Defamation may be a civil charge or a criminal charge under Sections 499 and 500 of IPC. Section 499 Of IPC: 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 to defame that person. Section 500 of IPC: Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years or with a fine or both. A victim, to win a lawsuit, has to prove that a false statement was made and published, and the same caused injury to the reputation of the victim. However, there are defences which can be raised such as a true statement or if it was a fair and honest comment or criticism made in the public interest.

Question: A college student while browsing online came across disparaging information about a fellow student from his class. Thinking it would be funny, he circulated the same among his friends and soon it became viral. He later came to know that the information was fake. The victim filed for defamation under Section 499 IPC and won. Was the court right?

Option: 1

Yes, he did it with the intent to harm the reputation of the victim.

 


Option: 2

Yes, he published it knowing it can injure the reputation of the victim.


Option: 3

No, as he only found and circulated it but did not make the statement.

 


Option: 4

No, he only circulated it among his friends and did not intend for it to go viral.


Answers (1)

best_answer

As he published with intention to harm the reputation of the victim. Option A is not correct option as he was thinking that it would be funny if he circulate it among his friends.

Posted by

Ajit Kumar Dubey

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