Defamation

Retired

A person is called MANIAC and SADIST in a signed letter to the society which consists of 200 members and a population of 1000. and the contents of the letter are known to all and sundry. Can a case of defamation be filed against the writer of the letter?

 
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Practicing Advocate/Legal Consultant/Legal Process Outsourcing 08427414792

Prima facie, yes.


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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

Yes - since the imputations seems to have been made to lower him in the estimation of the members of the society, and made with a malicious intent - defamation is made out. Truth is normally a complete defence to criminal charge for defamation - however in this case since terms used are as subjective as a maniac and sadist, it would be tough for accused to take that plea.

 

Bharat Chugh - Advocate Supreme Court of India

 
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Dy Director

This case apparently meets all the five parameters of defamation fro criminal as well as civil suit.

 

The accused can defend by proving (i) He never signed the letter (ii) the letter was not sent to any other persons (iii) the letter was not about you (iv) you lost no reputation on account of this letter ;

 

and finally (v) the contents of the letter are true.

 

Given circumstnaces indicate you can easily bust these defences.

 
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lawyer

of course yes

 
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