Question

Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below 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: Rudra had been dating a girl named Kiara for three weeks. But he had introduced himself to her as Ricky Thakur (who is one of Rudra’s friends) and he continued to be Ricky for the rest of their relationship. But ultimately the relationship ended badly and Kiara being upset and angry at Rudra started a website named ‘rickythakur-is-a-jerk.com’. She created this website so as to warn other girls about ‘Ricky Thakur’. The real Ricky Thakur files a suit for defamation. Decide. DECISION:

विकल्प

• Kiara shall be held liable for defamation as she published a statement which was injurious to Ricky’s reputation

• Rudra shall be held liable as he had led Kiara into thinking that he was Ricky Thakur and moreover, it was his fault in the first place that made Kiara create this website.

• Kiara cannot be held liable as she had actually been referring to Rudra and not the real Ricky Thakur.

• Kiara cannot be held liable as her act was done in good faith as she intended to warn other girls.

Answer 1

Kiara shall be held liable for defamation as she published a statement which was injurious to Ricky’s reputation

Explanation:

Essentials of defamation
i). The statement must be defamatory  
ii). Must refer to the plaintiff
iii). The statement must be published  In the present problem Kiara published a statement that was injurious to Ricky's reputation.