Societal implication of defamation on individual

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Published ID: IJNRD2304568

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Divyam kumar, Keshab raj, Dr. Vivek Kumar

Defamation, libel, slander, besmirched.

Defamation is tarnishing the reputation of someone; it has two varieties, slander and libel. Slander is spoken defamation and libel is printed or broadcast defamation. Reputation is an integral and important part of the dignity of the individual. It also forms the basis of many decisions in a democratic society which are fundamental to its well-being: whom to employ or work for, whom to promote, whom to do business with or vote for. Once besmirched by an unfounded allegation in a national newspaper, a reputation can be damaged for ever, especially if there is no opportunity to vindicate one’s reputation. When this happens, society as well as the individual is the loser. The purpose of writing this research work is to analyse the consequences faced by individual in regards of defamatory matters and how their social life is affected in particular. For it should not be supposed that protection of reputation is a matter of importance only to the affected individual and his family. Protection of reputation is conducive to the public good. It is in the public interest that the reputation of public figures should not be debased falsely. – Lord Nicholls. Defamation is civil as well as criminal wrong. Likewise, the codified criminal law on the subject, the civil law of defamation is not codified. However, defamation as a Civil Wrong is covered under Law of Torts. It is purely based on precedential developments, i.e., through decisions pronounced by Courts. Rules and principles of liability that are applied by our courts are mostly those borrowed from common law. It is conventional to say that defamation includes a statement concerning any person, which exposes him to hatred, ridicule or contempt. However, defamation can be best defined, if it considered from the point of view of the right, which the defamatory statement is alleged to infringe. In one English case, Scot versus Sampson, 2 Justice Cave has defined defamation in simplest way. He has defined it as ‘a false statement about a man to his discredit’. This definition is smaller yet it encompasses everything about the concept.

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Divyam kumar, Keshab raj, & Dr. Vivek Kumar (April-2023). Societal implication of defamation on individual . INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 8(4), f578-f589. https://ijnrd.org/papers/IJNRD2304568.pdf

Volume 8 Issue 4, April-2023

Pages : f578-f589

Paper Reg. ID: IJNRD_192194

Published Paper Id: IJNRD2304568

Downloads: 000122255

Research Area: Other

Author Type: Indian Author

Country: Patna, Bihar, India

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