Legal Principle: 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 opinionsor feelingsagainst 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. Sometimes a statement may not be defamatory on the face ofit but contain an innuendo,which has a defamatory meaning. . Defamation encompasses both written statements, known as libel, and spoken statements, called slander. Factual Situation : In May 2017, a memorial commemorating the women of WorldWar II was vandalized during an anti-government demonstration following the General Election. An offensive political slogan was spray painted across the plinth of the memorial. This act caused public outrage and widespread condemnation. On Twitter, apolitical writer, Asha Mehta said that she did not have a problem with the vandalism of the memorial building. Chandna reacted to this negatively, suggesting that Asha should be sent to join Terrorist Organization. Asha’s comments and Chandna’s reactionsboth received national media coverage. A few days later, Chandna published a tweet asking the question “Scrawled on any war memorials recently?” to Anshika Chauhan, another political activist. Anshika Chauhan responded stating that they had never vandalisedany memorial building, and moreover had family members serving in the armed forces. Chandna followed with a second tweet, in which she asked if someone could explain the difference between Mehta (an “irritant”) and Anshika Chauhan (whom she describedas “social anthrax”). Anshika Chauhan asked for a retraction via Twitter and was promptly blocked by Chandna. Anshika Chauhan asked Chandna to make a public apology and claimed compensation for libel alleging that the First Tweet suggested that she had either vandalised a war memorial, which was a criminal act; and the Second Tweet suggested that she approved or condoned that vandalisation. What is the meaning of the Tweets and whether those meanings had defamatory tendency?

Question

Legal Principle:  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 opinionsor feelingsagainst 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. Sometimes a statement may not be defamatory on the face ofit but contain an innuendo,which has a defamatory meaning.  . Defamation encompasses both written statements, known as libel, and spoken statements, called slander.  Factual Situation : In May 2017, a memorial commemorating the women of WorldWar II was vandalized during an anti-government demonstration following the General Election. An offensive political slogan was spray painted across the plinth of the memorial. This act caused public outrage and widespread condemnation.   On Twitter, apolitical writer, Asha Mehta said that she did not have a problem with the vandalism of the memorial building. Chandna reacted to this negatively, suggesting that Asha should be sent to join Terrorist Organization. Asha’s comments and Chandna’s reactionsboth received national media coverage.   A few days later, Chandna published a tweet asking the question “Scrawled on any war memorials recently?” to Anshika Chauhan, another political activist. Anshika Chauhan responded stating that they had never vandalisedany memorial building, and moreover had family members serving in the armed forces. Chandna followed with a second tweet, in which she asked if someone could explain the difference between Mehta (an “irritant”) and Anshika Chauhan (whom she describedas “social anthrax”).  Anshika Chauhan asked for a retraction via Twitter and was promptly blocked by Chandna. Anshika Chauhan asked Chandna to make a public apology and claimed compensation for libel alleging that the First Tweet suggested that she had either vandalised a war memorial, which was a criminal act; and the Second Tweet suggested that she approved or condoned that vandalisation. What is the meaning of the Tweets and whether those meanings had defamatory tendency?

Examsnet · Accepted Answer

Correct Answer is : Both the tweets were defamatory to Anshika Chauhan as the hypothetical ordinary reader can be expected to understand defamatory tendency of the tweet in the context of the situation

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