Question
Legal Studies Question on Law of Torts
Legal Principles:
1. Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person.
2. The statement must tend to lower the claimant in the estimation of right- thinking members of society.
3. A mere vulgar abuse is not defamation.
4. Defamation encompasses both written statements, known as libel, and spoken statements, called slander.
5. A public official or public figure can recover damages for defamation on a
matter of public concern only if he proves that the speaker acted with actual malice.
Facts: In 2018, a police officer, Suresh Singh, shot and killed Dayal. After the officer was convicted of culpable homicide not amounting to murder, Dayal's family retained a lawyer, Kaushal, to represent them in civil litigation against the officer. In a magazine called Indian Opinion, the Anti-Communist Society accused Kaushal of being a "Naxalite" and a "Communist-fronter" because he chose to represent clients who were suing a law enforcement officer. Because the statements contained serious inaccuracies, Kaushal filed a libel action against the editors of the magazine. Decide whether he will succeed.
No, as it is mere vulgar abuse.
The statement may be defamatory but the editors of the magazine are not liable unless Kaushal is able to establish actual malice in making the statement.
No, as the statement does not tend to lower Kaushal in the estimation of right-thinking members of society and print media is known for such type of journalism.
Yes, as statement is defamatory and Kaushal is not required to establish actual malice to successfully bring a claim of defamation.
Yes, as statement is defamatory and Kaushal is not required to establish actual malice to successfully bring a claim of defamation.
Solution
The correct option is (D):Yes, as statement is defamatory and Kaushal is not required to establish actual malice to successfully bring a claim of defamation..