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Jubin Rathod   11 December 2017

Defamation

Hi, I have a gym. One of the member in the gym had some petty issues which he could resolve via the help of the management and not doing so he uploaded a video on Instagram with the complaint and used an abusive word. On trying to confront him with the same, he said he has the rights to criticize. My Question here is, can i file a defamation complaint? It has heavily hampered the reputation since it has been released socially without consulting the management of the gym. Secondly, a staff of the gym has uploaded a video with other staff members wherein they are commenting about the gym, they are making fun of the equipment, commenting on the staff and using words like "yeh saal mein sirf 3 baar nahati hai" etc., what legal action can i take against him? Please advice on the same. Thank you in advance.


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 5 Replies

Adv. Aditya (Litigator GROSON ADVISORS)     11 December 2017

1. yes you can file a complaint alleging defamation. Will it succeed? Repondent in its defence will show that what he showed is the truth and nothing false has been said or showed by him. You will have to establish that your gym has reputation, that the words etc. used by the respondent were defamatory and that the reputation has thereby suffered. you will have to further show in this case that what the respondent has said or done is false. 

2. defamation can be made out, subject to conditions in point 1. if there is any contract between the staff and the employer, action can be taken on the basis of the clauses in it. you can file for monetary damages that have accrued on account of the act of staff members. relieve them off their duties. hire new staff that respects the establishment and other staff members. if you don't have strict clauses in your agreement between you and your staff, get on with it now. 

 

 

Siddharth Srivastava (Advocate)     11 December 2017

Yes, you can proceed for defamation both in crminal law and also in civillaw where you can claim damages. The contents were made in public at large and tarnished the image of GYM. Consult a lawyer with details.

SHIRISH PAWAR, 7738990900 (Advocate)     12 December 2017

You can file defamation case against the gym members and staff of your gym. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     12 December 2017

You can file cases. But cases will go on for months and years. Defamation cases can be used to harras persons. But one can never say whether and when intended results will come.

SHIRISH PAWAR, 7738990900 (Advocate)     13 December 2017

Dear Dr. MPS Ramani,

Now Govt. has appointed more judges for early disposal of cases. I feel that client should be more vigillant and should attend cases every date then client will find that case is moving fast. And persons instead of taking law in their hands visit court for redressing grievances. 


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