Tuesday 19 February 2013

Q. DISCUSS VARIOUS LEGAL ASPECTS IN BUSINESS COMMUNICATION.


Q. DISCUSS VARIOUS LEGAL ASPECTS IN BUSINESS
COMMUNICATION.
Legal aspect refers to the selection of words used in Business Communication so as to ensure their
conformity with the rules and regulations laid by the country’s business law failure to which may
cause a person to be up against legal actions.
A person or the communicator should be mindful of the following areas while communicating with
1. Defamation
2. Invasion of privacy
3. Fraud

4. Misc. areas.
1. DAFAMATION:
“The unconsented & unprivileged publication of a false idea which injures the reputation of a
person in a society is called Defamation.”
We will dilate on this area by giving a focused view to some of the important terms used in the
definition.
Unconsented:
Unconsented means “without agreement”. This makes the first point clear that whatever a person is
to defame the other person, it is against the will or consent of the other person.
However, in some of the cases the act of defamation is carried out with the consent of the person
who is aimed at. Some of those cases are as under.
• Showbiz
• Sports
• Politics
Unprivileged:
This means “Unrightful”. It’s plain to understand that it is defaming another person when he is not
given the privilege or right by the law to defame.
Some bodies/organizations/persons have the privilege to make defaming information/material
known to the people other than the two persons in question. Privilege is mainly of two types.
• Absolute privilege.
• Conditional/Qualified privilege.
Absolute Privilege:
A person has absolute privilege to defame the other person means he has been given full right by
the law to defame the other person on any matter whatsoever. This case is limited to the following
areas:
 Judicial Proceedings.
 Assembly Proceedings.
 Official Proceedings.

Judicial Proceedings:
A particular action or a course of action in the law court is called Judicial Proceedings. The
Lawyers in such proceedings have full right to defame the person against whom a suit is filed.
Assembly Proceedings:
Legislature is the place where representatives of political parties have full liberty to ensure the
government or vice versa.
Official Proceedings:
Government bodies such as NAB (National Accountability Bureau) have been given absolute
privilege to defame the nabbed person.
Conditional / Qualified Privilege:
Privilege under certain conditions or privilege to defame on certain matters is called Conditional
Privilege. For example, an employer may defame his employee on the following matters.
• Tenure
• Salary
• Responsibilities
Publication:
When a defamatory matter is made known to a third party either intentionally or unintentionally
it’s called publication. Publication branches off into two types:
• Slander

• Libel
Slander:
Slander is an oral defamation.
Libel:
It means to use written material such as newspapers, letters, pictures etc. to defame a person.
As against slander, libel is considered as the severer one and is of more serious consequences
because the defamatory material is at hand to drag the defamer to the court of law.
False Idea:
A statement which is termed as defamatory should be false in its nature. If it’s right and not false,
then it can never be termed as defamation. Therefore, if in a court of law the defendant proves that
whatever he made public about the plaintiff is absolutely true, he could no more be liable in the
case of defamation.
Person:
A natural individual.
Injury:
Harm.
Society:
Any person other than the defamer and the person who is defamed or in short, third party member.
Unconsented:
Unconsented means “without agreement”. This makes the first point clear that whatever a person is
to defame the other person, it is against the will or consent of the other person.



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