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Moot Defamation1

Ms. Mondal claims Ms. Juliet committed defamation against her by calling her an "unprincipled swine masquerading as a leader". As an Indian citizen, Ms. Mondal has a right to protect her reputation under Article 21 of the Indian Constitution. While freedom of speech is important, restrictions can be imposed if a statement is defamatory, as Ms. Juliet's comments were by using terms like "disgusting", "roaches", and "unprincipled swine". As Ms. Juliet's actions were deliberate and intended to damage Ms. Mondal's reputation, she should be held liable to pay damages to Ms. Mondal for committing

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96 views2 pages

Moot Defamation1

Ms. Mondal claims Ms. Juliet committed defamation against her by calling her an "unprincipled swine masquerading as a leader". As an Indian citizen, Ms. Mondal has a right to protect her reputation under Article 21 of the Indian Constitution. While freedom of speech is important, restrictions can be imposed if a statement is defamatory, as Ms. Juliet's comments were by using terms like "disgusting", "roaches", and "unprincipled swine". As Ms. Juliet's actions were deliberate and intended to damage Ms. Mondal's reputation, she should be held liable to pay damages to Ms. Mondal for committing

Uploaded by

adas
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ISSUE 2: Whether Ms. juliet is liable to pay damages to Ms.

mondal for committing


defamation

2.1 Ms. Mondal is having the Right of Reputation

Ms. mondal like any other citizen of India is having the right of reputation;the
reputation is one of the most important assets of human. As it is stated by Jurist
Blackstone "Every man is entitled to have his reputation preserved
inviolated".A man's reputation is his property. Depending upon perception of that
man ,reputation is more valuable to him than any other property.It is also said that
right of reputation is included under the right to life,granted by Article 21 of the
constitution.

The right of an indivisual to have reputation was recognised by Supreme Court of


India in the matter of State of Bihar v. Lal Krishna Advani:

"Reputation is an integral and important aspect of dignity of every


indivisual. The right to preserve one's reputation is acknowledged as a right
in rem."

In the instant case also Ms. Mondal and the Windu's who created and running the
organisation 'ponam' with their years of hard work, perseverance and
brilliance,but Ms. juliet abused the whole society and has also insulted Ms.
Mondal by saying that she is an unprincipled swine masquerading as leader.

As according to the facts given,Ms. Juliet has done deliberate and malicious
acts,intended to outrage religious feelings of class by insulting its religion.

2.2 Freedom of speech and expression is not absolute-

Freedom of expression gives you the right to hold you own opinion and to express
them freely without interference ,although you have freedom of expression you
also have a duty to behave reponsibly and to respect other people's rights.

Restrictions on freedom of speech and expression imposed in the interest of


decency and morality.

In this case ,Ms. Juliet's statement was "Disgusting windu's roaches being led
by an unprincipled swine masquerading as a leader" which is ofcourse a
defamatory statement as the words like 'disgusting windu's' , 'roaches' ,
unprincipled swine' are not at all ethically accepted.

Defamation is a public communication which tends to injure the reputation of


another and an indivisual has a right to protect his honor and reputation.Therefore,
Ms. juliet should be held liable to pay damages to Ms. mondal for committing
defamation.

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