Category: DEFAMATION

ISSUE:

Can the claim of defamation succeed against the newspaper?

RULE:

It is immaterial for a defamation claim to succeed whether or not the words were believed by its readers.

ISSUE:

Is the newspaper liable for defamation?

RULE:

A reasonable reader is one who is not naïve but neither is unduly suspicious. But he must be treated as being a man who is not looking for a scandal and someone who does not, and should not, select one bad meaning where other non-defamatory meanings are available.

ISSUE:

Was there publication of the letter so as to be able to constitute as defamation?

RULE:

In order for a statement to constitute as defamation, one of its prerequisites is that the letter must be published in some form or the other.

ISSUE:

Can the injunction be granted so as to stop publication of the film?

RULE:

In order to be defamatory of the plaintiff the article complained of had to contain something which, to the mind of a reader with the knowledge of the relevant circumstances, contained defamatory imputations and pointed to the plaintiff as the person defamed.

ISSUE:

Does a public official have to prove “actual malice” before he can recover damages in a defamation action against persons criticizing their official conduct because the 1st Amendment of the US protects false statements against public officials.

RULE:

A State cannot, under the First Amendment (freedom of speech) award damages to a public official for defamatory falsehood relating to his official conduct unless he proves "actual malice" -- that the statement was made with knowledge of its falsity or with reckless disregard of whether it was true or false.

ISSUE:

Freedom of expression vs the right to privacy in matters related to public officials.

RULE:

Once something becomes a part of public record, it cannot be protected under right to privacy and thus can be publishes even without consent. However, if someone publishes something without the consent of a person, whether true or not, will be violating privacy if the matter is not of public record.

ISSUE:

Can the words of the defendant constitute libel?

RULE:

If the words would tend to, in general lower the plaintiff in the estimation of right-thinking member of society then it might constitute libel from a case to case basis.

ISSUE:

Did the advertisement constitute defamation?

RULE:

Knowledge of the innuendo by the defendant is immaterial and the defendant is nevertheless liable for a statement he believes to be innocent, but is in fact defamatory by reason of facts unknown to him, but known to the persons to whom he makes it.

ISSUE:

Whether the publication of the articles was in public interest?

Whether due care and caution had been taken before the publication of the article?

Whether there is merit in the plea of defendant's justification.

RULE:

Statements are not defamatory in nature if they are made in the interest of the public and the person publishing it must have reasonable believed it to be in the interest of the public.

ISSUE:

Can the defendant's actions be protected under the Doctrine of Absolute Privilege?

RULE:

Absolute Privilege allows people to speak freely and make statements without any fear of being sued. Even if the statements made are untrue or defamatory, the privilege is provided so that people are encourage to speak if in case what they say turns out to be true.