Essentials of legal notice for defamation

Legal notice for Defamation must cover certain essential details which are as follows:

• It is necessary that the notice must be on the letterhead of the organization where the advocate works or an individual advocate in a proper manner.
• The notice should also contain personal contact information such as the address and contact number of the advocate.
• The notice should also contain the date on which the notice is issued along with the personal details such as the name, address and contact details of the opposite party.
• It is also important to mention the personal details such as the name and address of the party who has been aggrieved by the act of the opposite party.
• There should be a detailed paragraph containing information about the cause of action that lead to serving legal notice due to damage to the image of the aggrieved person.
• It is pertinent to mention the relief which has been claimed by the aggrieved person.
• The draftsman should inform how one’s right has been violated and reputation has been harmed due to the act or omission of the opposite party and what can be done to rectify the mistake.
• The opposite party must be given a reasonable time to perform the necessary task and reply to the notice.
• It should be duly signed by the advocate and the person who has been aggrieved by the act of the opposite party.

Important elements of legal notice for defamation

There are certain acts of the opposite party which are considered to be defaming. Therefore, before drafting a legal notice for defamation, it is essential to check the presence of the below-mentioned elements in the act of the opposite party. These are as follows:

• The statement which constitutes defamation must not be true. If such a statement(s) made on the aggrieved person is a true fact, then such an act does not constitute defamation.
• There are certain conversations between parties which are considered as privileged. A conversation between a client and the advocate is considered to be privileged. Such statements are protected and cannot be used as proof for defamation purposes. Thus, no person can bring in a defamation suit for privileged communication.
• Whenever a person gives his/her opinion on someone or something be it true or false, cannot be treated as a defamatory statement.
• A person is said to have committed the wrong by defaming another person only if the defamatory statement is in writing and read by someone or has been heard by a person other than the one who made such remarks. If a person abuses another in a place where there is no third person present, then such remarks are not considered defamatory.
• The basic condition of filing a defamation suit is that the statements must have caused damage and loss to the reputation of a person. If the person already has a bad character and nature, then the remarks made cannot be considered defamatory.
• The statements passed by a person must be believable to a common man. If a prudent man is unable to believe the statements to be true, such statements cannot be called defamatory.