Scribd
Upload
115 views2 pages

Criminal Defamation

Criminal defamation involves harming someone's reputation through false statements and is considered a criminal offense, with potential penalties including fines and imprisonment. Key elements include communication of the statement, harm to the victim's fame, and legal frameworks varying by country, such as sections 499 and 500 of the Indian Penal Code. It differs from civil defamation in nature, objective, legal proceedings, burden of proof, and penalties.

Uploaded by

shivani.sharma.2669
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
115 views2 pages

Criminal Defamation

Criminal defamation involves harming someone's reputation through false statements and is considered a criminal offense, with potential penalties including fines and imprisonment. Key elements include communication of the statement, harm to the victim's fame, and legal frameworks varying by country, such as sections 499 and 500 of the Indian Penal Code. It differs from civil defamation in nature, objective, legal proceedings, burden of proof, and penalties.

Uploaded by

shivani.sharma.2669
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Criminal Defamation

Meaning -
The criminal defamation means the act of harming someone’s fame through untruthful and
malicious statements. This act to be considered as criminal offence under the law.

In the criminal defamation the victim search compensation through complaint. It contains the
possibility of penalties like fines and imprisonment for the accused.

It is different from civil defamation. It involves intentional harm to person slanderous or libelous
statement. It can be written, spoken or implied.

Key elements of criminal defamation –

1. Communication or publication – the statement must be broadcast because if there is no


broadcast there will be no harm to the victim’s fame.
2. Harm to fame – the statement must be harm to the fame of the person.
3. Legal Framework- it is governed by the law in distinct countries. The section 499 and
500 of the Indian Penal Code [IPC] is defined the defamation.
4. Penalties- it contains the fines and imprisonment. But it both depends on the seriousness
of the offense and local laws.

Global perspectives –

1. United states – the law of criminal defamation exist in some states, but they rarely
imposed due to strong free speech protections.
2. United Kingdom – the law of criminal defamation was eliminated in 2009 under justice
act.
3. Other countries – they may have the law of criminal defamation with penalties.

Landmark defamation cases –

Subramanian swamy v union of India – In this case of supreme court of India the case had
been took by the several petitioners charged with the criminal defamation. In this case the court
found the existed constitutional duty to respect the dignity of others. Argued that it inhibited their
right to freedom of expression. The judgment is delivered by the justice Deepak Mishra with
justice Prafulla C pant.

Difference between criminal and civil defamation –


1. Nature –
Criminal - it is a criminal offense that harm the reputation of someone.

Civil- the affected person file the case seeks the compensation for damage.

2. Objective –

Criminal- punish the offender.

Civil – provide monetary compensation.

3. Legal proceedings-

Criminal - require the involvement of the police and public prosecutor.

Civil - handled in civil courts.

4. Burden of proof –

Criminal – it provides the intent harm the victim reputation beyond reasonable doubt.

Civil – victim must proof the defamatory act.

5. Penalties –

Criminal – imprisonment and fines

Civil – financial compensation

You might also like