How do I reply to a defamation legal notice?
Date : 28 Apr, 2021
Post By Bhupender Tanwar
This is an act of defaming any other person in order to lessen or harm their reputation. Nowadays, it is under severe debate because often we come to see that one or the other person has filed a case related to it. One who has been defamed files a defamation case in order to get some remedy for the loss or harm suffered. This step has been introduced due to the sole reason that ‘dignity and reputation’ of an individual hold utmost importance, which can’t be degraded by anyone and in no circumstance. And in order to accord protection to the dignity of an individual, the Case for defamation has been introduced. Now whether an action would constitute an act of defamation or not would absolutely depend on the fine wisdom of the hon’ble judiciary. Also, defamation is linked with ‘Freedom of Speech and Expression guaranteed by our Constitution. This Fundamental Right is not absolute but comes with certain restrictions which have to be followed diligently. There is even a landmark case, Subramanian Swamy v. Union of India, 2006 SCC OnLine Del 14, wherein it was claimed that sections 499 and 500 of the IPC violated article 19(1)(a) of the Constitution and hence need to be struck down. The court rejected this contention and held that the given sections do not violate article 19 (1) (a) which has to be read with the restrictions mentioned in article 19(2) of the Constitution. In India, defamation is categorized as civil and criminal. In order to constitute Civil Defamation, the following ingredients have to be fulfilled:- Publicizing a statement about a person to some other person which has the tendency to subjugate him in terms of dignity, in social, personal, or professional lives; To constitute defamation, the intention of the defendant is immaterial but what has to be proved is that plaintiff has suffered harm; The statement which has degraded the plaintiff has to be published to some other person; The statement so made about the plaintiff has to be false. Consult the best lawyer online Section 499 of the Indian Penal Code illustrates what would constitute criminal defamation. It goes on as follows: If any person makes any such statement or makes any kind of visible representation or signs or publishes any such thing either intentionally or knows that doing such act will cause damage or harm to the concerned person or that such action has the potential to cause harm to the reputation of the person, then resorting to such act will be called as to defame that person. There are some cases as well mentioned through Explanations in this very section. Explanation 1: It will be defamation if any such act (as mentioned above) is done against a dead person and had that person been alive, it would have degraded the reputation of that person. Also, it would amount to defamation if it is intended to hurt the family’s or relatives’ feelings. Explanation 2: If the reputation of the company or association or collection of persons is hurt then it would amount to defamation. Explanation 3: If harm is caused as an alternative or ironical expression, then also it would amount to defamation.
With respect to criminal defamation, there are certain exceptions that won’t attract the Case for criminal defamation and those are:- If an authentic statement is said for the benefit of the public; If the conduct of public servants is respected; If any expression is made in good faith with respect to a case decided in merits; If any opinion is made in good faith, with no ulterior motives with respect to public performance; If any person has any legal authority over another, then censure passed by such person; If any authorized person is accused in good faith; For the sake of protection of interests of some people, accusations so made; Cautioning in good faith for the welfare of the public. Section 500 of IPC then talks about the punishment that whosoever defames another person will be liable to two years’ simple imprisonment or fine or both. Legal Notice of Defamation: When any person feels that they have been defamed, they send a legal notice to the person who had defamed through their lawyers. In this legal notice the exact situations are mentioned which has caused defamation. The person is then asked to withdraw the statements or publications so made or is even asked to compensate for the loss of reputation and dignity so suffered. This notice is nothing but a sort of warning given to the other party that if the prescribed conditions are not met, then a legal case will be brought against him or her. Benefits: The benefit of sending a legal notice is that it clearly evinces that the sender is willing to file a case in court if the issue is not amicably solved or the conditions so put forth are not met. This also compels the other party to send a reply to the defamation notice in order to avoid any further issues. Procedure for FIling Defamation Case: If a civil case is brought, then it will be filed under Order 7 Rule 1 of CPC whereas, for criminal Cases, it will be filed through section 499 of IPC. Complaint about defamation is to be prepared as per section 200 of CrPC. Civil and criminal cases will be filed in their respective courts. Documents: As part of document submission, the plaintiff will have to present a copy of the text through which defamation has been caused. This text can be from any magazine or newspaper or from any electronic media. Reply to Legal Notice for Defamation: After receiving the legal notice, one should read the legal notice and then contemplate whether the points so raised have actually taken place or not. In case the receiver of the notice is not satisfied with the points raised then it is always suggested to draft a reply to such legal notice with the help of some experienced lawyer. While replying to the legal notice, the accurate incidents which took place should be mentioned and contest the information so made in the defamation notice draft. The lawyer will send this reply of the legal notice from a registered post to the other party and keep a copy with himself/herself. These copies play a significant role when the matter turns up to court. Both the parties may even come to a consensus or else can even resort to court. Get in touch with the best lawyer How can Lawtendo Help in the Process? Lawtendo can help in filing or preparing the legal notice or even the reply to such legal notices with the help of specialized and experienced lawyers. Since the legal notices and their replies are so technical in nature that any layman won’t be able to figure out what is to be written. So, it is always preferred to seek help from experienced lawyers and Lawtendo comes in handy for that.
