Precise can be advise on study the post.
Want to avoid defamation charges - take down notices
Hello, I am looking for some advise on a social media post we would like to make. It is based on the experiences of my wife during a pageant and previous contestants have faced take down notices before. So we want to make sure we are not facing legal issues posting the text we have in draft. The post is to share her experience with her followers, educate them and is 100% truthful.
Asked 8 months ago in Civil Law
7 Answers
Files are available here: https://drive.google.com/drive/folders/17G4CKGlkSgTn7_aXANlunrwcAo9fz5KJ?usp=drive_link (just img files, no virus)
Asked 8 months ago
Truth is the best defence on defamation proceedings
in the event you refuse to withdraw your post complaint t of criminal defamation can be filed against your wife
your wife can contest the complaint filed against her
Dear client, for defamation three ingredients must be met. A statement of one's experience can constitute defamation if it's false, published and casued damage to the reputation.
- As per law, Defamation is injury to the reputation of a person, and it can be both Civil and Criminal offence.
- Civil defamation involves no criminal offence, but on account of this kind of defamation, one can sue the person to get a legal compensation for his defamation.
- Further, Defamatory acts can include “words either spoken or intended to be read", signs or visible representations, which are published or put up in the public domain.
- Defamation as a criminal offence is listed under section 499 of the Indian Penal Code. The punishment, mentioned under section 500, can extend upto simple imprisonment for a term of two years, or with fine, or both.
- Since, your wife wanted to post her experiences then it cannot be a defamation for others
- However, if she will target a particular personality or department then it may be considered an injury for them.
- Hence, in the draft she can mention that the publish of the draft is not for the injury for others , and it limited to the experience availed by her and for the education purpose only.
The post or awareness message you intend to make post event should not be defamatory in nature which may attract legal action against you.
It should be self explanatory describing that it was posted with intention of good faith.
A feedback or criticism may be initiated in good faith regardless of whether it is ultimately founded or unfounded. A report is not in good faith if made with reckless disregard for or willful ignorance of facts that would disprove the report and may attract defamation offence as well.
Your subsequent post of this thread giving the link to your issue is not opening however you may please send the actual post instead of sending such links because generally such links are denied access, hence there is no purpose solved by sending the links alone.
Get draft vetted by any lawyer from this website