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A SPECIAL PROJECT ON
“DEFAMATION”

SUBMITTED TO
Mr. Deepu Krishna
(Faculty- Law of Torts)

SUBMITTED BY
Krapanshu Rathi
Semester 1
Section B
Roll No. 27
(BBA+LLB hons.)

DATE OF SUBMISSION: 31-10-2018

KARNAVATI UNIVERSITY
UNITED WORLD SCHOOL OF LAW
 CERTIFICATE OF DECLRATION

I hereby declare that the project work entitled “SELF DEFAMATION”

submitted to Karnavati University, Ahmedabad, is record of an original work
done by me under the able guidance of Mr. Deepu Krishna, Faculty Member,
Karnavati University, Ahmedabad.

Krapanshu Rathi
Semester 1
Section (B)
Roll No. 27
Date:31-10-2018
ACKNOWLEDGEMENT
Table of Content
INTRODUCTION

Defamation is a spoken or written expression which is deemed to harm the reputation

of an individual and proved to be false. Defamation law can be intricate and complex.

This meanings of defamation are all related to the effect that the communication has
upon its subject by way of the effect it has upon society or the community generally, it
can be considered defamation in the following cases:

1. It is a discredit to the person.

2. It causes the regard in which the subject is held by others to be lowered.
3. It causes the person to be shunned or avoided.
4. It causes the person to be the subject of hatred, ridicule or contempt.

“Defamation is the publication of a statement which tends to lower a

person in the estimation of right thinking member of the society generally;
or which tends to make them shun or avoid that person.”
-
- Winfield

“For a man of honour, defamation is worse than death.”

- Bhagwat Gita

The common law theory of defamation of character involves the invasion of

one’s interest in protecting his or her reputation. An actionable claim for
defamation generally arises when false and defamatory facts about someone are
communicated by the originator of the defamatory material to someone other
than the person defamed.
Under certain circumstances, however, the originator may be liable if the
defamatory material is communicated to a third party by the defamed person
himself or herself.
One of the important intangible assets that a man owns is the respect and honour
of others. In other words, it is the reputation of the person.
In new era, everyone has a right to the preservation of his status as against the
whole world. A harm to the reputation is thus as much, more damaging and
differences than loss pf wealth or property.

According to Section 499 if the Indian Penal Code, “whoever by words,

either spoken or intended to be read or by signs or by visible representation,
makes or publishes any imputation concerning any person intending to harm
or knowing or having reasons to believe that such imputation will harm, the
reputation of such persons, is said except in specified cases; to defame the
person.”
KINDS OF DEFAMATION
English Law

In English law there is two types of Defamation: -

 Libel
 Slander
Libel

According to Winfield, a libel consists of a defamatory representation or

statement in permanent form; writing, picture, printing, mark exposed to see or
view.
In YOUSSOUPOFF v. M.G.M. PICTURES Ltd.,1 in the course of film
produced by an English company called Metro Goldwyn Mayer Pictures
Limited, a lady, Princess Natasha, was shown as having relations of seduction
or rape with a man Rasputin, a man of the possible character. In an act for libel,
the judges presented 25000 pounds as damages to the plaintiff and the
judgement was stated in her favor by the Court of Appeal.

Slander

According to Winfield, when a defamatory statement is sent by spoken words

or gestures that is called slander. Slander is spoken. POLLOCK opinion that
the defamatory matter recorded on a gramophone which is not convoyed by any
graphic matter is potential slander. It is actionable only but in certain unique
cases it can be actionable per se (without proof of special damage).

This uniqueness are as follows: -

 Complaint of a criminal offences punishable with imprisonment.
 Complaint of a infectious disease likely to prevent other persons from
associating with the plaintiff.
1
(1934) 50 T.L.R. 581.
  Complaint of un-chastity or adultery to any woman or girl.
 Complaint of unfitness, dishonesty or incompetence in any office,
profession, trade or business held on by the plantiff at the time when the
slander was circulated.

INDIAN LAW