Defamation in law of torts:

Essentials and Defences

 Meaning

Any intentional false communication, either written or spoken , that

harms a person’s reputation; decreases the respect, regard or
confidence in which a person is held; or induces disparaging, hostile
or disagreeable opinions or feelings against a person is known as
Defamation.
 KINDS OF DEFAMATION
• SLANDER
Slander is a false and defamatory statement by
spoken words or gesture tending to injure the
reputation of another.
For e.g., A questions the chastity of B in an
interview, A is slanderous.
• LIBEL
Libel is a publication of a false and
defamatory statement tending to injure
the reputation of another person
without any lawful justification of
excuse.
For e.g., X printed some advertisement
saying Y is bankrupt but Y was not thus
it was representation in a specific form.
 Defamation as a Tort and a Criminal Offence
Defamation in India is both a civil and a criminal offence.
• In Civil Law, defamation falls under the Law of Torts,
which imposes punishment in the form of damages awarded
to the claimant (person filing the claim).
• Under Criminal Law, Defamation is bailable, non-
congnizable and compoundable offence. Therefore, the
police cannot start investigation of defamation without a
warrant from a magistrate (an FIR cannot be filed). The
accused also has a right to seek bail. Further, the charges can
be dropped if the victim and the accused enter into a
compromise to that effect (even without the permission of the
court). Defamation as a criminal offence is listed under
section 499 of the IPC.
• The punishment, mentioned under section 500, can extend
upto simple imprisonment for a term of two years, or with
fine, or both.
 ESSENTIALS OF DEFAMATION

There are three main essentials of Defamation:-

1. The statement must be false and defamatory,

2. The statement must be published,

3. The statement must refer to the plaintiff.

 The Statement must be False and Defamatory

• The defamatory words or statements are those which cause an injury to

reputation. Reputation is injured when one is lowered in the estimation of
members of the society generally or when one is avoided by others or others
shun his company. In short, an imputation which exposes the aggrevieved
person todisgrace, humiliation, ridicule or contempt, is defamatory.
• Criterion to determine whether a statement is defamatory or not, is “how
do the right thinking members of the society think”? If they consider the
statement as disgraceful, humiliating, ridiculous or contemptuous, the
statement is defamatory.

• Ram Jethmalani v. Subramaniam Swamy A.I.R. 2006 Del. 300

Innuend
o
Many a time, people do not directly use
defamatory words, but utter defamatory words in
innuendoes. Innuendoes are those words, which
appear innocent but contain some secondary or
latent meaning which is defamatory.

Morrison v. Rithhie & Co (1902)

 The Statement must be Published

• No defamation will be constituted unless defamatory statement or material is

published. Publication does not mean publication in press or by leaflets. If it
is brought to the notice or knowledge of persons or even to a single person
other than the defamed person, amounts to publication.

• Mahendra Ram v. Harnandan Prasad, A.I.R. 1958 Pat. 445

 The statement must refer to The Plaintiff

• In any action for defamation, the person defamed must establish that the
defamatory words or the statement referred to him.It should be proved by
the plaintiff that the statement was aimed at him. The m, intention of the
defendant is immaterial.

• Newstead v. London Express Ltd., (1939) 4 All ER 391

 Defences
The defences to an action for
Defamation are:

1. Justification or truth
2. Fair Comment
3. Privilege
 Justification of Truth

• In defamation there cannot be better defence than that of truth, as the law will not
permit a man to recover damages in respect of any injury and character which he
either does not or ought not to possess. The defence is still available even though
the statement is made maliciously. Defence is available if the statement is
substantially correct though incorrect in respect of certain minor details.

• Alexender v. North Eastern Rly.,(1885)6 B & S 340

Fair Comment

The second defence to an action for defamation is that the statement was a fair
comment in public interest. Comment means expression of an opinion.
The essentials of this defence are:
a. It must be a comment, i.e. expression of opinion
b. Comment must be fair
c. Comment must be in public interest
Privilege

• This is also one of the fundamental principles that there are circumstances when
freedom of speech has privilege and even if it is defamatory it is protected. The
individuals right to reputation is subordinate to the privilege of freedom of speech.
This privilege may be; Absolute or Qualified.
Absolute and Qualified Privilege

• Absolute Privilege - No action lies for the defamatory statement even though the
statement is false or has been made maliciously.
• Occasions of Absolute Privilege
1. Parliamentary proceedings –Art 105(2)
2. Judicial proceedings
3. Military and naval Proceedings
4. State proceedings
• Qualified Privelege - It is necessary that the statement must have been without
malice. The defendant has to prove that statement was made on a privileged
occasion fairly.
Thank you !