Question

LEGAL PRINCIPLE: A statement is defamatory in nature if it is injurious to a person's reputation and if the statement has been published.
FACTUAL SITUATION : Rudra had been dating a girl named Kiara for three weeks. But he had introduced himself to her as Ricky for the rest of their relationship. But ultimately the relationship ended badly and Kiara being upset and angry at Rudra started a website named 'ricky-thakur-is-a-jerk.com'. She created this website so as to warn other girls about 'Ricky Thakur'. The real Ricky Thakur files a suit for defamation. Decide.
DECISION:

• A. Kiara shall be held liable for defamation as she published a statement which was injurious to Ricky's reputation.
• B. Rudra shall be held liable as he had led Kiara into thinking that he was Ricky Thakur and moreover, it was his fault in the first place that made Kiara create this website.
• C. Kiara cannot be held liable as she had actually been referring to Rudra and not the real Ricky Thakur.
• D. Kiara cannot be held liable as her act was done in good faith as she intended to warn other girls.

Answer 1

The correct option is A Kiara shall be held liable for defamation as she published a statement which was injurious to Ricky's reputation.

Essentials of defamation:
i) The statement must be defamatory
ii) Must refer to the plaintiff
iii) The statement must be published
In the present problem, Kiara published a statement which was injurious to Ricky's reputation.

Hence, A is the correct option.