Mutation of libel is a legal term used in maritime law to describe an amendment made to a complaint. Libel, on the other hand, refers to a defamatory statement expressed in writing, pictures, signs, or electronic broadcasts that can damage a person’s reputation. It is considered both a crime and a tort, although it is no longer prosecuted as a crime due to constitutional protections of free speech. There are various types of libel, including false-implication libel, group libel, libel per quod, libel per se, obscene libel, seditious libel, and trade libel. To libel someone is to defame them in a permanent medium, such as writing.
The mutation of libel is a modification made to a complaint in maritime law. Libel refers to a statement that is defamatory and expressed in a permanent medium, such as writing, pictures, signs, or electronic broadcasts. Although it is classified as both a crime and a tort, it is no longer prosecuted as a crime. The act of making such a statement is known as the publication of defamatory matter through written or printed words, physical form, or any other form of communication that has the potential to cause harm, similar to written or printed words. For instance, if someone falsely accuses another person of stealing in a newspaper article, it is an example of libel. However, if the same person later corrects the false accusation in the article, it is an example of the mutation of libel. This example demonstrates how a defamatory statement expressed in a permanent medium can be amended to rectify the false accusation. It is crucial to note that while libel is no longer prosecuted as a crime, it is still considered a tort. Therefore, the person who was falsely accused can sue the individual who wrote the article for damages.
Mutation of libel refers to the act of altering or changing a defamatory statement made against someone, with the intention of making it appear less harmful or damaging.
Yes, mutation of libel is generally considered a separate offense from the act of libel. It involves the additional element of altering the original defamatory statement.
The consequences of committing mutation of libel can vary depending on the jurisdiction and severity of the offense. It may result in civil liability, where the defamed individual can seek damages, or even criminal charges in some cases.
While freedom of speech is a fundamental right, it is not an absolute defence for committing mutation of libel. The law recognizes that there are limits to free speech, especially when it comes to defamatory statements.
Proving mutation of libel typically requires evidence that the original defamatory statement was altered intentionally to make it appear less harmful. This can be established through various means, such as comparing different versions of the statement or presenting witness testimonies.
Yes, a person can still be held liable for mutation of libel even if they were not the original author of the defamatory statement. If they knowingly and intentionally alter the statement to make it less harmful, they can be held responsible for their actions.
Possible defences for mutation of libel may include proving that the alteration was unintentional or that it did not significantly change the meaning or impact of the original statement. However, the availability and success of these defences can vary depending on the specific circumstances of the case.
Yes, mutation of libel can be committed through digital means. Altering defamatory statements in online posts, emails, or any other form of digital communication can still be considered mutation of libel if done intentionally.
Yes, it is possible for a person to be sued for both libel and mutation of libel simultaneously if they are found to have committed both offenses. The defamed individual may seek legal remedies for both the original defamatory statement and its subsequent alteration.
If you are accused of mutation of libel, it is crucial to seek legal advice immediately. An experienced attorney can guide you through the legal process, help you understand your rights and defences, and represent your interests in court if necessary.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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