Article
When can expression of opinions become defamatory
By R. Parthasarathy & Sutapa Jana
The article in this issue of IPR Amicus elaborately discusses a recent decision of the Bombay High Court which, while dealing with the issue of disparagement by a video blogger, laid down the principles by which any such video or any statement can be considered to be defamatory. The Division Bench had held that mere expressions of facts cannot be considered as defamation or disparagement, provided that facts asserted are substantiated. It however held that if the expression of an opinion is based on undisclosed or implied facts, the speaker is liable for making a defamatory statement, provided that the recipient believes the truth of such undisclosed or implied defamatory fact. According to the author, it would have been equally important and interesting if the Division Bench would have also answered the question of law framed by it relating to the additional responsibility supposedly placed on social media influencers vis-à-vis opinions expressed by others in non-commercial ventures...
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