Difference between Criminal and Civil Defamation

Next to life, what man cares most about is his/her reputation. Defamation means the offense of harming a person's fame, character, or reputation by using false and malicious statements. Generally, defamation requires that there is a false publication about the defamed person without his/her consent. Unlike many countries in the West and near home, such as Sri Lanka, defamation in India is both a Civil and a Criminal offense.

Defamation as a Tort or a Civil Offence

Civil Defamation under the Law of Torts focuses mainly on libel (i.e., written defamation) and not on slander (i.e., spoken defamation). An interesting aspect of Civil Defamation or defamation as a tort is that it is only wrong if it is of a nature that harms the reputation of a person who is alive. In most cases, it translates to saying that a deceased person cannot be defamed, since as a general rule, the person defamed must be able to prove that the defamatory words referred to him/her. To establish that a statement is defamatory or libelous, it must prove to be:

1. False,

2. Written,

3. Defamatory, and

4. Published

Defamation as a Crime or a Criminal Offence

Defamation is defined as a criminal offense under Section 499 of the Indian Penal Code,1860 . It is the act of communicating something negative or damaging about the second party and implying that it is true when it is false in reality. This communication may be verbal or written and applies to any form of media. The second party may be one individual, a group of people, a business, or an organization. The types of insult may also be known as Slander or Libel. A slander is a form of defamation that is communicated verbally. Libel, on the other hand, is that form of insult which is represented in a pictorial or a written form.

Essentials of Defamation

There are 3 main essentials of Defamation in India. These have been stated below:

1. Defamation can be caused through words, signs, or visible representations.

2. The words, signs, or visible representations are either published or spoken accusations relating to some personal cause defamation.

3. If the content is spoken or published with the intent to cause harm to the reputation of the person it concerns, or the knowledge that it is likely to cause harm to the reputation of the person it concerns to.

Defenses available against Defamation

There are various defenses available against defamation in India are:

1. Justification by truth: A written or a spoken statement that is authentic and true to its facts doesn't qualify to be defamatory.

2. Fair and Bonafide comment: A comment or a statement is not defamatory if it is fair in the matter of public interest.

3. Absolute Privilege: This defense gives an absolute right to make the statement even if it is defamatory. The defamatory statements with the absolute right are made during judicial proceedings, by government officials, by legislators during debates in the parliament, during political speeches in the parliamentary proceedings, and during communication between spouses.

4. Qualified Privilege: When the person making the statement has a legal, moral or social duty to make it and the listener has an interest in it, the qualified privilege is allowed.

5. Statement of Opinion: If the statement made is an opinion and not a fact then it can't be defamatory.

6. Consent: A statement is not defamatory if it is made with the permission or consent of the person to who it concerns.

7. The accusation made in good faith to the authorized person: An accusation against a person in good faith who has lawful authority over that person doesn't amount to defamation.

Difference Between Criminal and Civil Defamation

Civil Defamation is governed by civil law and the person defamed can seek a remedy in the High Court or the Trial Court and seek damages in the form of monetary compensation from the accused. On the other hand, the Indian Penal Code gives an opportunity to the defamed person to file a suit in a criminal court where if the charges against the accused are proved, he/she gets a punishment to serve in the Jail. It is a bailable, non-cognizable, and compoundable offense, which means no police can register a case and start an investigation in this case without the permission of the Court.

Punishment for Defamation

According to Section 500 of the Indian Penal Code,1860 , punishment under the criminal law for criminal defamation may be a simple imprisonment which may extend to 2 years or imposition of a fine or both. Whereas punishment for civil defamation, usually, amounts to the payment of compensation for the damages caused to the aggrieved by the accused.

Why do you need a Lawyer in such matters?

If you are charged under defamation laws, it is advisable to approach a defamation lawyer . Since defamation is also considered a criminal wrong in India, if convicted by the court in such cases, the person can even face jail time. A lawyer can represent you in court and provide defenses for any such charges. If you are defamed by any other person, you can approach a good lawyer who will file a defamation claim on your behalf and will represent you in the court. You can also ask a lawyer online a free legal question using LawRato's Ask a Free Question service.

Advocate Chikirsha Mohanty

4.0 | 2+ user ratings Greater Kailash - 1, Delhi
5 years

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