Defamation
AAK
(Querist) 16 December 2011
This query is : Resolved
Experts pls guide.
A partnership firm has filed Private complaint against MR.X u/s 420, 406 alleging misappropriation and the has been referred by the court for investigation and to register FIR. Now the firm is intending to give an advertisement stating that "Mr. X has cheated us and misappropriated money. The firm has registered complaint against Mr.X and no body should deal with such person." Which includes a photo of Mr.X.
Dear Expert,
My question is can this advertisement amount to defamation? can action against the newspaper can be taken?
M.Sheik Mohammed Ali
(Expert) 16 December 2011
if the court decided that Mr.x is accused otherwise do any thing becomes defamation, even though once again check the published the matter give full details.
ajay sethi
(Expert) 16 December 2011
the allegations against mr X need to be proved . case is under inevstigation . wait for the case to be decided .
Mr X can surely drag you to court for trying to ruin his reputation . the complaint will be agaisnt the firm who has issued advertisment
AAK
(Querist) 16 December 2011
Mr. Sethi sir, can the newspaper be held for defamation?
ajay sethi
(Expert) 16 December 2011
the newspaper has not published any article . it is merely an ad printed under instructions from partnership firm
case of New York Times Co. v. Sullivan (1964) which involved a newspaper publication. The Supreme Court overruled a state court in Alabama that had found the New York Times guilty of libel for printing an advertisement that criticized Alabama officials for mistreating student civil rights activists. Even though some of what the New York Times printed was false, the Supreme Court ruled in favor of the Times, saying that libel of a public official requires proof of actual malice, which was defined as a knowing or reckless disregard for the truth
AAK
(Querist) 16 December 2011
Thank q sir. I think the quoted judgement is of US Supreme court. Anyways... thakq for your clarification.
Advocate M.Bhadra
(Expert) 16 December 2011
Complainant is a Partnership Firm and they published a notice in Newspaper exempted from liabilities of others member done by 'X',it is a circulation of norms.However 'x' can inform the court about the matter how the firm publish during the pendency of the case.
V R SHROFF
(Expert) 16 December 2011
Ajit,
X can Issue Notice to Prt Firm, not to publish Photo or any criminal cases of cheating, as matter is sub-judice. If at all, Firm can publish that public should not deal with X.
Send undertaking, of X that he neither intend to deal, nor will deal on behalf of Firm , and not to publish any defamatory news or advertisement, without written consent of X, or Firm will face claim for defamation.
Unless proved, X never cheated anyone, and is innocent.
Adv Shroff
16-12-2011
Shonee Kapoor
(Expert) 16 December 2011
rightly advised by experts on the issue.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 16 December 2011
I also agree with the general views of experts.
Guest
(Expert) 18 December 2011
Dear Ajit,
Probably your query is short of some vital information due to which the experts have provided their solution that may probably not fit your case.
You have not mentioned, what relation Mr. X had with the firm, whether an employee, representative or partner, etc.? You have also not provided the text of the ad to the experts on the basis of which the experts can seeanalyse language used by the firm.
If he was an employee or representative of the firm and the firm has severed relations with him, the firm has every right to inform the public not to deal with Mr. X if he represents on behalf of the firm, otherwise the people can later on hold the firm as liable to the dealings with public on behalf of the firm, if not appropriately informed by the firm.
Defamation case depends upon only on the matter and language used in the ad.
