Question

Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : A statement is defamatory in nature if it is injurious to a person’s reputation and if the statement has been published.
FACTUAL SITUATION : Aneesh had been dating a girl named Amita for three weeks. But he had introduced himself to her as Amay Thakur (who is one of Amita’s friends) and he continued to be Amay for the rest of their relationship. But ultimately the relationship ended badly and Amita being upset and angry at Aneesh started a website named ‘Amay-thakur-is-a-jerk.com’. She created this website so as to warn other girls about Amay Thakur. The real Amay Thakur files a suit for defamation. Decide.
DECISION :

• A. Amita shall be held liable for defamation as she published a statement which was injurious to Amay’s reputation.
• B. Aneesh shall be held liable as he had led Amita into thinking that he was Amay Thakur and moreover, it was his fault in the first place that made Amita create this website.
• C. Amita cannot be held liable as she had actually been referring to Aneesh and not the real Amay Thakur.
• D. Amita cannot be held liable as her act was done in good faith as she intended to warn other girls.

Answer 1

Answer: (A)

Amita shall be held liable for defamation as she published a statement which was injurious to Amay’s reputation.

Answer 2

The correct option is (A): Amita shall be held liable for defamation as she published a statement which was injurious to Amay’s reputation.