Table Of Content
- Why do you need a Legal Notice for Defamation?
- When are you supposed to send a legal notice for defamation?
- What comes under Legal notice for Defamation?
- What documents do you need for legal notice for defamation?
- Who can send a legal notice of Defamation?
- What is the process of a legal notice for defamation?
Defamation occurs when someone is accused of making false claims or remarks with the intention of harming their reputation and image. Libel and slander are two forms of defamation that can be committed by a person. According to Section 499 of the Indian Penal Code of 1860, a person who has been accused of wrong allegations has the right to send a legal notice for defamation.
Why Do You Need A Legal Notice For Defamation?
A legal notice must be sent to the one who has defamed the other whenever a wrong has been done to a person and that person intends to approach the justice system to seek recourse and solution. A legal notice is a warning to the other party that legal action will be taken against someone who has slandered the offended party. It is delivered to demand restitution or reparations for a person’s loss of reputation.
When Are You Supposed To Send A Legal Notice For Defamation?
Typically, there are just two circumstances in India when you may send a legal notice for libel. Therefore, when one or more people damage/tarnish the reputation of a person or an organization by using disparaging language, body language, or other ephemeral forms is known as defamation by slander. And publication constitutes defamation.
You can go through our detailed blog on Difference Between Court Notice & Legal Notice to know about the difference between legal notice and court notice.
What Comes Under Legal Notice For Defamation?
A legal notice for defamation typically involves various things including the identity of the sender, their statement, and the harm to their reputation due to the statement of another party. Also, you should mention what legal action you can take in case the receiver doesn’t change their statement or action. Besides this, there are many other things that one must include in the Legal Notice for Defamation.
- Both parties Details: The notice must include all the details of both parties such as Name, address, contact number, etc.
- Statement of defamatory content: In the legal notice of defamation, you should mention the exact statement or action that is considered defamatory.
- Explanation: Next you need to explain why the statement or the action is defamatory. This includes the explanation why the statement or action is false and damaging your reputation in society.
- Demand for Retraction: Next, you can ask the other party to retract the statement which you consider defamatory. You can also ask the other party to issue an apology or remove the defamatory content within a specified period of time.
- Legal Threat: The other most important thing you must include in your defamation legal notice is the warning and what legal action you can take if the other party doesn’t retract or remove the defamatory statement.
- Evidence: If available, you must attach the evidence that supports your claim. The evidence such as screenshots, links, and witnesses’ statements.
- Legal Basis: Next, you must include the legal basis for your claim of defamation that includes the reference of relevant law.
- Timeline: Your defamation legal notice should set a deadline for other parties to respond or comply with your demands.
- Consequences: Lastly, you must mention the potential legal consequences for the other party if they don’t comply with your demands, such as filing a defamation case against the other party seeking damages.
What Documents Do You Need For Legal Notice For Defamation?
The documents for Legal Notice for defamation are as follows:
- Valid proof of the sender.
- Proof of the allegations of defamation, if any.
- Written or Visual proof of the defamation put on the sender.
Read our detailed blog on Legal Notice For Divorce to know the process and required documents for divorce legal notice.
Who Can Send A Legal Notice Of Defamation?
The individual whose reputation has been tarnished by the other party is liable to send a legal notice. The only individual who has the right to sue for defamation is the person whose reputation has been damaged.
What Is The Process Of A Legal Notice For Defamation?
The procedure for legal notice for defamation case through eDrafter is:
- Register for our legal notice service at www.edrafter.in
- Our Advocate will get in touch with you for drafting of the legal notice.
- Describe all the relevant details to the Advocate.
- Our advocate will draft the notice and send it to your registered email.
- Go through the draft and pin out the corrections that need to be made.
- After the corrections made you can send the notice and move with further process!
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