Source: Kerala Court

Why in News?

Additional Sub Judge-I, Thrissur, Rajeevan Vachal has observed and granted Rs. 10 Lakhs compensation to a renowned psychologist, against whom certain defamatory statements had been made.

• The Kerala Court gave this judgment in the case of Prasad M.K. @ Prasad Amore v. Sherin V. George.

What is the Background of the Prasad M.K. @ Prasad Amore v. Sherin V. George Case?

• The plaintiff works as a licensed Rehabilitation Psychologist and the defendant, who works in the field of psychology alleged that the plaintiff was a fraud and fake psychologist, and his qualifying certificates were also fake, and published a Facebook post regarding that.
• The plaintiff claimed that due to the publication of the afore defamatory statements, his reputation amongst the public was lowered, and affected his financial condition and claimed compensation amounting to Rs. 10 Lakhs, with future interest at the rate of 12% per annum besides Rs.1,000/­ being the cost of the demand notice.
• The Court ascertained that there was no material before it to refuse the amount claimed by the plaintiff and granted Rs. 10 Lakhs compensation with interest @ 6% per annum.

What was the Court’s Observation?

• The Kerala Court rightly concludes that the plaintiff is entitled to a compensation of Rs.10,00,000/­(Rupees Ten lakh only) with interest @ 6% per annum from the date of the plaint from the defendant and held that the plaintiff would also be entitled to the costs of the suit from the defendant.

What is ‘Defamation’?

• Meaning:
  • Defamation as the meaning of the word suggests is an injury to the reputation of a person resulting from a statement which is false.
  • A man’s reputation is treated as his property and if any person poses damage to property, he is liable under the law; similarly, a person injuring the reputation of a person is also liable under the law.
• Essentials:
  • The Statement must be Defamatory:
    • The statement must be defamatory i.e. which tends to lower the reputation of the plaintiff.
    • The test to check if a particular statement is defamatory or not will depend upon how the right-thinking members of society are likely to take it.
    • Further, a person cannot take a defense that the statement was not intended to be defamatory, although it caused a feeling of hatred, contempt or dislike.
  • The Statement must refer to the Plaintiff:
    • In an action for defamation, the plaintiff has to prove that the statement of which he complains referred to him, it will be immaterial that the defendant did not intend to defame the plaintiff.
    • If the person to whom the statement was published could reasonably infer that the statement referred to him, the defendant will then be liable.
  • The Statement must be Published:
    • Publication of defamatory statement to some person other than the person defamed is a most important aspect for making any person liable, and unless that is done, no action for defamation will lie.
    • However, if a third person wrongfully reads a letter meant for the plaintiff, then the defendant is likely to be liable. But if the defamatory letter sent to the plaintiff is likely to be read by somebody else, there will be a valid publication.
  • Forms of Defamation:
    • Slander- It is the publication of a defamatory statement in a transient form. For example- Defaming a person by way of words or gestures.
    • Libel- It is the representation made in some permanent form.
• Defamation in Civil Wrong:
  • It is defined as "any intentional false statement either spoken or written, that harms a person's reputation; decrease the respect, regard or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person".
• Defamation in Criminal Law:
  • Section 499 of Indian Penal Code,1860 (IPC): "Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person".
  • Section 500 of IPC: It lays forth the consequences for anyone who engages in defamatory behaviour. ‘Punishment for defamation’, it says. ‘Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both’.