No case of defamation is made
your name has not been mentioned in the defamatory statements made in the group
Our society whatsApp forum has about 150 members and is administered by the society. In a recent incident a bunch of residents have made maligning statements about me without evidence. I am not part of that forum. A committee meeting was called to investigate the event. Interestingly the residents took care not to name me but merely say an elderly gentleman from a particular block. Lot of nasty things were said and a lot of false accusations made. The incident involved a bunch of kids calling me names and me chasing them away. The mothers of the children later apologized for their behaviour and cleared my name in a private meeting with the committee which is unpublished. Committee doesn't want to give any letter. My lawyer says since none of the parties have named me in the group I cannot proceed with any defamation case. Really nasty abuses have been used in the group in my absence. Kindly advise.
The committee called me for the meeting with the parties who maligned me. The meeting sorted out the misunderstanding with 2 residents who apologized for their children's behavious. The 3 rd resident had no involvement in it but rode on the trend has made lengthy and false accusations and abuses. Since the committee called me they knew who the elderly person was. I am trying to get a conclusion letter from the committee.
Should I send any notices to the individuals who have defamed or the society admins. The committee has clearly enabled this by letting it float in the group including some abusive statements which have no relation with the actual incident.
No case of defamation is made
your name has not been mentioned in the defamatory statements made in the group
Unless and until you have been named in presence of other persons and addressed with defamatory statements , no defamation lies.
Moreover if later the misconception leading to use of those bad words goes away and apologies tendered then no further case lies.
It is better of you forget this incident as a stay event and move on.
A defamation case can be filed even if a person's name is not explicitly mentioned, as long as the statement can be reasonably understood to be referring to a specific individual, effectively "indirectly holding" them accountable; this is based on the principle that the identity of the defamed person can be established through context clues or other identifiable details within the statement.
If the statement includes enough descriptive details about a person, like their profession, location, or recent events, even without their name, it can be considered defamatory if it can be easily linked to a specific individual.
As the committee have called those people in your presence to sort it out, it is a clear indication that they certainly unleashed defamatory contents against you.
As they are not apologetic you can issue them a legal notice demanding apology failing which they can be sued as per law.
You can insist on the committee to furnish the conclusion letter for having sorted out the issue on the basis of the apologies tendered by the accused parties, if the committee is not cooperating then you can issue a legal notice to parties concerned directly through your lawyer on the basis of the meeting with the committee and demand apologies.
The society cannot be blamed for the defamatory acts of its members because it was not at the instance of the society.
You can take legal action directly against those people if the society is not able to furnish it in writing.
Dear Client,
Even if your name was not referred to directly, if the description of an "elderly gentleman from a particular block" unmistakably alludes to you, this may furnish grounds for a derivative action in defamation. You may also consider serving legal notices to those speakers whose statements have adversely affected you, asking for a retraction and an apology. Similarly, given that the defamatory messages were allowed to circulate without sanction from the society administrators, notice may be warranted to them as well. It would be well to make a formal request to the committee for a written conclusion or resolution, since this may serve as evidence supporting your position. If such defamatory statements persist in being made or are otherwise harmful to your reputation, it may become necessary to either file a suit against the parties under which the law under defamation proceeds to take action.
Hope this helps. Feel free to inquire for any further legal query.
opinion of your lawyer is correct. No purpose would ve served by sending legal notice. It is society admin who shall be responsible for act and deeds of group members
In your case, since the defamatory statements were made in a WhatsApp group administered by the society and involved maligning remarks against an 'elderly gentleman' from your block, there are legal remedies you can explore.
If the residents or the committee refuse to act, you can lodge a criminal complaint under Section 500 IPC for defamation and Section 504 IPC (intentional insult with intent to provoke breach of peace).
Given the seriousness of the allegations and their impact on your reputation, it is essential to act legally to clear your name and prevent future defamation.
Thanks and Regards,
Advocate Aman Verma
Legal Corridor
- As per Supreme Court, One is bound to tolerate criticism, dissent and discordance but not expected to tolerate defamatory attack,
- Under sections 499 and 500 of the Indian Penal Code, defamation is a criminal offence. 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. The offence is punishable with up to two years imprisonment, a fine or both.
- You have a legal right to live in the society peacefully and respectfully. Law of the land is bound to protect you.
- Hence, if you have defamatory messages in WhatsApp then you can file a civil defamation case, for claiming compensation from the society and the persons involved in this acts.
- Further, you can also file a defamation case or lodge a complaint against them.
- Further, you can also issue a legal notice to them as well.