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How to protest against defamation done by the wife of my friend?
My friend's wife is continuously blaming me for having relation with his husband who is one of my very close friends. My husband is also blamed in some way or other without any reason. But she does not have the guts to face us; keep on passing insulting comments in front of her in-laws and parental family members. Me and my husband was ignoring till date. But recently, she repeated the same with more insulting way in their family meeting which was called to solve the problems running between she and her husband (my friend) as well as in-laws (my friend's parents). Her mother, brothers, sister and some other people who asked to be there as witness was present in that meeting where she blamed me for having physical relation with his husband and also used some insulting words against my husband. I got all these details from my friend.
Now, I wanted to know, is there any IPC act using which we can take step against this insult or humiliation? Though we were not present there but it is harm to our reputations and moral characters. And if she goes crazier, can visit our parental houses to make nuisance there too. Is there any way, by which means we (me and my husband) can take step against her without waiting for more vulnerable situations? My friend will offer all kind of support in this issue as he is also disgusted by all these nuisances of years.
@ Please punctuate properly, folks:: thanks for your suggestions. But she is not even ready to talk to us over phone, refused to attain a friends with family gathering at my in-laws place even. Because she already knows all her blames are baseless and fake.
@ kcsadvocate :: I think my case will fall under civil defamation. Is it IPC 499?
My friend himself and one of their family friend also are the witnesses. They are ready to come and we also can record that same any time just by asking her anything about the same. She is too adamant and overconfident to speak-out about the matter anytime any where.
1. If we record it over phone, will it be accepted as documentary proof?
2. Can it be sufficient as proof or witnesses are required as supporting evidences?
3. If primarily I just want to file a complain against her at police station, where I have to do so? I am staying in another city of another state in India than her residential place.
@ kcsadvocate :: 4. can she force any inquiry against our statement? (actually police inquiry is always harmful for employees; and me and my husband both are working in private sector, so reputation does matter there) If so, is there any way which can help us to prevent the same?
4 Answers
- kcsadvocateLv 69 years agoFavorite Answer
Prosecution for criminal defamation is possible only if
a.the exact words containing defamatory language is recorded or reduced to writing (however shabby it might be);
b. date,place and time of such utterance is correctly recorded;
c. persons present and heard such statements are identified with correct name and address;
d. such persons who were witnesses to such utterance are prepared to come as witnesses and depose in court.
You can either file a complaint with the police ( who may not show any interest in such 'petty' cases and would do only perfunctory investigation) or file a private complaint before the jurisdictional magistrate under section 200 of the criminal procedure code, in which, your advocate will don the role of the prosecutor.
Everything depends upon you capacity to gather witnesses, their willingness to depose as your witnesses and the quality of evidence, without any contractions.
A civil defamation case is easier to handle. Here too witnesses are necessar, but standard of proof is lighter than a criminal case. But court fee has to be paid as per state court fees act in the amount of claim of compensation.
- 7 years ago
In the last few years, Internet has become the most popular way of communicating among people. Internet has had a massive impact on many areas of life, both professional and personal. The reputation of people and businesses can be easily compromised by defamatory material posted on the Internet, such as Facebook comments, anonymous reviews on Google, or fake reviews on Yelp.
Internet cases
The majority of the Internet Law matters that we handle involve copyright infringement anddefamation of character made by mean of:
Anonymous reviews on Google
Defamatory posts on Twitter
Fake Yelp reviews
Defamatory Facebook comments
Anonymous WordPress Blogs
Internet cases may also include:
Cyber defamation and Squatting
E-Personation
Hacking
Revenge ****
What is Copyright?
Copyright is a form of protection provided by the laws of the United States (title 17 of the U.S.C,) to the authors of original works of authorship including musical, literary, artistic, architectural, and other intellectual works (published and unpublished).
The Digital Millenium Copyright Act (DMCA) is a U.S. copyright law that implements two 1996 of the World Intellectual Property Organization (WIPO) treaties. Among other things, the DMCA increases the penalties for copyright infringement on Internet and for circumventing an access control. In 1998, DMCA amended Title 17 of the U.S. Code to extend the reach of copyright, while limiting the liability of the providers of on-line services for copyright infringement by their users.
In cases involving Internet copyright laws, we initially file a DMCA takedown notice with Google and the website owner, seeking immediate removal of the copyright-protected material. If our request is not complied with, we file a complaint in Federal Court seeking a temporary as well as a permanent injunction, along with statutory damages and attorneys' fee.
What is defamation?
Defamation is any false, intentional, and unprivileged statement of fact, either written (libel) or spoken (slender) that harms someone's reputation. State laws often define defamation in specific ways.
You should contact an internet lawyer as soon as possible if you have been victim of online defamation. Our firm, Bertollini & O'Reilly, with offices in New York and New Jersey, is one of the very few law firms that handle Internet defamation cases. Our Internet Law Attorneys have a deep understanding of the defamation, privacy and copyright laws. As a New York Litigation Law Firm, we have many years of experience in litigating civil cases in the New York and New Jersey Courts.
- Anonymous9 years ago
"Keep your friends close, and your enemies closer" is a wise old phrase.
Invite them both for dinner, and be nothing but friendly to her. Let her see your husband pinching and tickling you like a teenager, and you responding - that there is no-one in each others' eyes but you for him, and him for you. She is insecure, and if her husband loves her, he should be more demonstrative to her.
