What can you do if some one threatens to file false case on you and threatens to defame you in media?
When a person threatens to file a false case against you, he may have two motives:
1) One motive may be to harass you, and to force you into litigation expanses and thereby damage you financially.
2) Secondly, after filing a case, he may give copy of case to media and media will publish the content of this case as "News item" and thereby you will be defamed.
The question is what Preventive Steps you can you take.
1) Mark the word "Threatens" in above paragraph. Collect material evidence of such threats i.e. Phone calls, emails, witnesses etc.
2) Seek advice of a lawyer. Show him all the evidence you have got.
3) He may have two options to help you:
A) He may give a legal notice asking your enemy to restrain from doing what he is threatening to do.
He may give him counter notice that your enemy will be liable to criminal cases of malicious cases and will also be liable for damages in civil court.
He may tell him that if he will publish or leak news about filing of case in media or internet, than too he will be liable in criminal as well as civil law.
Because media is protected only if only "Court proceeding or order" is published.. BUT MEDIA IS NOT PROTECTED IF IT PUBLISHES DEFAMATORY STATEMENTS CONTAINED IN SUCH CASE FILED.
The Lawyer may consider about serving copy of this notice to media newspapers and TV channels and Internet Service Providers.
This can be one preventive step.
2) If threat is serious, if your enemy and media houses ignore legal notice of lawyer, then the lawyer can consider second option.
He can file a case on your behalf in court.
He can say to court that your enemy is required to be restrained from defaming you from doing oral false propaganda against you on internet, and in media etc.
If court is satisfied with evidence shown by your lawyer, it will immediately order your enemy to restrain from publishing any defamatory material either on internet or in media or in otherwise in any manner. It can pass orders against media houses also.
If evidence will show that Threats were coupled with demand of money, than lawyer may also consider filing criminal cases against your enemy for extortion and blackmailing etc.
3) There is also a third option with your lawyer. He can advice you to give PUBLIC. NOTICE IN LEADING NEWSPAPERS, warning people about proposed activity of your enemy and can ask public not to be misguided by your enemy if he publishes false propaganda against you.
These are some of the precautionary steps which your lawyer may advice you.
These are serious steps involving legal coats, benefits as well as consequences.
Your lawyer will weigh everything and will try to advice you what he may consider best for your case.
Haresh Raichura
1248
