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What is
Defamation?
Introduction Xhonab
(Sow d ro it20
Defamation as the
Yara)
meaning of the word
reputation of a person suggestsis an injury
reputation resulting from a to the
is treated
as his property and statement which is false. A man's
property he is liable if any
a person under the law, person poses darmage
is also liable similarly,a person to
Indian Penal Code under the law. injuring the
reputation of
1860 and section 500 Defarmation is defined in
offense under this section 499of
section is liable provides that a
years or fine or with with simple person committing
both. an
imprisonmentfor a tern of
2

Essentials of Defamation
A. The statemnent
must be defamatory
Wods Nut ou
The very first essential ofBe
the offense of
be defamatory i.e. which defamation is that the statement must
to check if a particular tendsto lower the reputation of the plaintiff. The test
statement is defamatory
how the right thinking or not

person cannot take members of society are likely to will depend upon
defense that the
a take it. Further, a
statement was not intended to be
defamatory, although it causeda
feeling of hatred,
contempt or dislike.
In the Case of Ram
Jethmalani v.
Subramanian Swamy court held Dr.
be liable for defaming Mr. Jethmalani Swamy to
by saying that he received
banned organization to protect the money from a
then CM of Tamil Nadu in the case
assassinationof Rajiv Gandhi. In another of the
recent case of Arun Jaitley v Arvind
Kejriwal, the cOurt held the
statement said by Arvind Kejriwal and his 5 other
leaders to be defamatory. However, the
matter was finally disclosed after all the
defendants apologized for their actions.

Illustration

A publishes an advertisement in a local newspaper

stating false information that
the company of B has committed fraud of Rs 20,00,000.
Now, this statement
will amnount to defamation as this
newspaper will be read by many readers and
will surely injure the
reputation of B's company.

Sousn Sraia taisusy v Ramcoisauo

Hrton Nw shubjen dtin29)

 mere hasty expression spoken in anger,
noted that
to be attribute any set purpose to
hearer would
it is
However, to which no to defaming person. a

or vulgar abuse not amount

would
the character
injure

Illustration
of the
time in front
his employee
B for not coming on the reputation of B.

an emplover scolds thatA has injured

If A

B cannot take the plea

whole staff, then
plaintiff
must refer to the
B. The stateme of
prove that thestatement
has to did
the plaintiff
that the defendant
Inan a ctionfor defamation, be immaterial was
referred to him,
it will
to whom the
statement
which he Complains If the person
the plaintiff. to him, the
not intend to defame statemet referred
published could
reasonably
infer that the
de o Pesser (Gner
amalion o
be liable,Del
defendant ill then
l0Uonam branches t not give
the

1
If A, bank publishes a notice to all its
often repeated Handbn
of xyz are more
a
Illustration-
from xyz as the peopleof xyz has suffereda huge loss. Now
B
loan toany person
defaulters. Now
due to this B, a resident did not directly
focus on
for defaming him although the bank
can hold A liable
him. Hautn & lo Tohns (RionehoUacter the
Bauudiy

Mohindeen Court
Ramasubha Iyer v. A.M.A to defame the
In the case of T.V.,
a statement without any intention
Met)
person carrying business
for publishing
defendants liable
statement mentioned that a particular
defendants. The of smuggling. The
Ceylon has been arrested for the offense
of Agarbathis to business, and as a
carrying on a similar
plaintiff was also one of the person damaged.
his reputation also severely

Delol at ko
C. The statement
þH Kara
result of this statement
Pacgd
must be published bAd
yne
uIO
rocerd
KaUue ha

other than theperson

Publication of defamatory statement to some person
any person liable, and unless
defamed is a most important aspect for making
that is done, no action for defamation
will lie.

meant for the plaintiff, then

However, if a third person wrongfully reads a letter
the defendantlikely tobe liable. But if the defamatory letter sent to the plaintiff

is likely to be read by somebody else, there will be a valid publication.

In the case of Mahendra Ram v. Harnandan prasad thedefendant was held

liable for sending a defamatory letter to plaintiff written in Urdu knowing that
 the plaintiff did not knew
Urdu and the letter will very
another person. likely be read over by

Forms of Defamation
(Ergtisn louo)
1. Slander- It is the publication of a
form defarnatory staternent in a transient
For example- Defarming a
gestures. person by way of words
or
(Shoren hosd
2. Libel- It is the
representation made in
o Gnetuse )
For example- Defaming a sorne perrmanent forrn.
personthrough a representation
permanent form like writing, printing rmade in sorne
etc.

(Reb ent aun ún bemanid Fom

English law on libel and slander
Under English criminal law, libel is treated as a crime but slander is not.Slander
is only a civil wrong.This distinction between libel and slander is mainly on two
reasons

1. Under Criminal law, only has been

libel recognized as an ofense.
Slander is no offense.

2. Under the law of torts, slander isactionable, except in few cases where
special damage has to be proved. Libel is always actionable i.e. without
any proof. However, slander is also actionable in the following 4 cases:

Imputation of a criminal offense to the plaintiff.

of an infectious disease to the plaintiff

Imputation which has the effect
of preventing others from associating with the plaintiff. Example A
makes a statement in his office that his colleague is suffering from
AIDS. He can here be liable for defaming his colleague.

The imputation that a person is incompetent,dishonest or unfit in

regard to the office, profession, trade or business carried on by him.

Imputation of unchastity or adultery to any woman or girl.

Andian law on Libel and Slander

Unlike English law, Indian law does not make any distinction between libel and
slanderand both are treated as criminal offenses under section 499 IPC. In the
case of Hirabai Jehangir v. Dinshawdulithe Bombay and Madras high court
both held that no distinction needs to be made between treating libel and
slander ascriminal offenses.
 statemant may poima
Som etimes
the
but bicauue
Somo tatina
be uort maning
A suconday
its natural
and obvious meaning
when W
the statement
aInnuendo
A statenment
is prima facie
defamatory
Sometimes
it may happen that
meaning, it may be

leads to that
conclusion.
because of Some secondary plaintiff must
prove
but instance
facieinnocent secondary defamatory.
For this
prima
to be defamnatory. which makes the statement
considered i.e.innuendo
meaning
the secondary

Illustrations
stole my watch.
an honest man and he never it can be
that X is but
Z makes a sta tementis at first instance
may be innocent, from this that X is a
statement made, interprets
Now this
if the person
towhom it was
defamatory the watch.
man having stolen
dishonest

of persons
Defamation of class group of individuals
or a class of
to a
are referred proves
When particular words
spoken
that group or clasS
can sue unless he
single person of
persons, then no be considered to referring
hinm.
could reasonably
that the words

then no particular
doctors were thieves,
person wrote that all the
that pointed out that
Illustration- a
If
there was something
doctor could sue him unless
to defame him individually.
person actually intended

if the person wrote that doctors of Ganga ram

all
This situation will be different
doctors of Ganga ram hospital can sue him for
hospital are thieves and then
defaming them.

Communication between husband and wife

the
In the eyes of law, both husband and wife are one person and
matter from the husband to the wife or vice
communication of defamatory
a

versa is no publication and will not come within the purview of section
499. Section 122 of the Indian Evidence Act 1872 deals with privileged
communications between husband and wife and makes them out of the scope of
section 499 except insuits between married persons, or in a proceeding
in which one married person is prosecuted for any crime committed
against the other.
 In a leading case of T.J, Ponnen y. M,C Verahese
the court held that the letter
from husband tohis wife containing
defamatory rmatter concerning the father
in-law will not amount to
defamation.It will very much be covered within the
scope of privileged communications between
122 of the Indian Evidence Act 1872. husband and wife as aid in section

Defenses to defamation
The defenses to an action for defamation are

1.Justification of truth

2. Fair comment
3. Privilege
Justificationof truth

In acivil action for defamation, the truth of the defamatory matter is a

recover damages for something being true about him ".

"
complete defense and the reason for this is that Law will not permita man to

Under criminal law on the other hand merely proving that the statement was
true is not a good defense and besides this, the defendant has to show that it
was made for public good also.

If the defendantis not able to prove the truth of the facts, the defense cannot

be availed. In the case of Radheyshyam TíwariV. Eknath court held the

defendants for publishing defamatory matter against thedefendants. Later the
defendants were not able to prove that the facts pubtished by him were true
and, therefore he was held liable.

Fair comment
vaye nomhg
defense to an action
Making a fair comment on matters public interest is a valid
for defamation. For this, the following must be proved

than
Itmust be a comment i.e, an expression of opinion rather
an assertion of fact
of breach of trust and therefore he
For example, If X says that A has been guilty
is a dishonest man. Here the latter
words are a comment on the former. But if A

did not commit any breach of trust and X still says to hinm as a dishonest man.
Then it will not be comment a and will amount to an assertion of fact.

Foin - bnat malieL and mut

Ba dn þune wt

than makiwa
 must be fair not be based upon untrue facts.
The commentbe fair i.e. should
should
The Comment
of bribery against Y in a

serious allegations of these allegations and

X publishes prove the truthness
For example, is not able to to fair comment.
Later X
newspaper. will not amount
his Comment
therefore
public interest
upon must be of interest
The matter commented commented must be of public
the defendant has courts, ministers.
The matter on
which departments,
of government of public interest.
administration
like to be matters
Matters etc are considered
textbooks,
public meetings,

Privilege
occasions
These special status.
i.e. giving special
the plaintiffs
itself outweighs
As the word suggests that the right of free speech on such occasion is not
when the law recognizes a defamatory
statement made
defamation and
right to
are of two types.
Privileges
actionable.
is given to
complete immunity 3
In matters of these him. It includes
lie against
Absolute privileges- can
action for defamation
1.
speaking and no
person
oge
aspects ap) uable nu constitution
105(2) of the Indian
Article
proceedings- during the
Parliamentary to speak anything
immunity to parliamentarians would lie against them.
gives and no action
of parliament
COurse of business
been given to judges
This protection has
Judicial proceedings- of 1850. It also
extends to
officers protection act
under judicial a suit.
and parties to
cOunsels,witnesses,
available and
under this, it
is also
This privilege a
2. Qualified privilege-
must have been made without
necessary that the statement
is
malice i.e a wrongful
intention.
says to B, who manages
his business,
Sell "
shopkeeper, honesty.
For example, A, as I am doubtful of his
a

pays you ready money, Z in good

nothing toZ unless he if he has made
his imputation on
under this exception
Now A will fall
of his own interest.
faith for the protection

Conclusion as laid in section 499 IPC, we

After analyzing the key aspects of defamation
all to the reputation of
in the injury
of defamation lies
have found that the essence
a person. And for this injury, he can very much sue the defendants.
Defamation
is of two types libel and slander. Both are
considered as criminal offenses in
India. There are certain exceptions to this known as
prívilege.