Defamation is defined as the false statement or any statement being published on any social media networking sites which are injurious to the plaintiff’s reputation is termed as defamation. Defamation are of two types : one is slander and other is libel. Slander is when a person defames someone by speaking or gestures whereas libel is a written kind of defamation.
In today’s world, defamation on social media is a serious defamation which effects to the subject of the statement much more than any other. Defamation laws extend to online platforms. Social media is no different to other forms of publishing. The fact that social media allows messages to be broadcasted to a larger audience only adds risk.
When publishing information online, you will be just as liable as, for example, the editor of a newspaper if you defame someone. Although defamation cases involving social media are relatively new, the same principles outlined above apply.
Defamatory statements by use of social media is quite normal as there are many ways to do it. One can defame someone by calling it roasting or criticism which will affect the mentality of the other person.
People may defame someone while creating their content but they may be liable for the same as it is punishable under indian penal code.
Essential ingredients of defamation on social media-
- False statement – The Statement must be false and inappropriate. If the statement is true and for the public good then one cannot make other punishable for the defamation . Mere criticism with the statements is not to be called as a defamation.
- Causing injury – it must cause some sort of injury to the reputation or otherwise. Effect to nay kind of mentality shall also be considered to be in the context of injury.
- Reference to the plaintiff – plaintiff is the one who shall file a case against the accused And also the burden of proof lies on the plaintiff that he shall be the one to prove the happening of defamation.
- Statement shall not be a part of the
Questions that whether statement was defamatory or not-
- Whether there any kind of content or publication of defamatory statement or not?
- Whether the statement was false or not?
- Whether the statement caused any harm or injury to the plaintiff or not?
- Whether there was any fault of accused or not ?
- Whether there was any defamation or not?
Defences for defamation on social media –
- If the statement was fair and true in nature then it shall not be considered to be defamatory one. Truth is the strongwst defence against the claim of defamation.
- If the statement was made with bonafide intention and was for the public good.
- If the statement has not cause any harm or injury.
- If the statement has not been communicated to any other person which could cause it to the lowering of the reputation of victim.
- If there is any privilege in this regard.
- If there was made after taking consent from the one against whom the statement was made .
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