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    Defamation in Law of Torts

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    shreya shukla
    For a statement to be considered defamatory, it must be false, published to others, and clearly refer to the plaintiff. Key defenses include proving the statement was substantially true, a fair comment on a matter of public interest, or covered

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    Defamation in Law of Torts

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    shreya shukla
    27 views15 pages
    For a statement to be considered defamatory, it must be false, published to others, and clearly refer to the plaintiff. Key defenses include proving the statement was substantially true, a fair comment on a matter of public interest, or covered

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    For a statement to be considered defamatory, it must be false, published to others, and clearly refer to the plaintiff. Key defenses include proving the statement was substantially true, a fair comment on a matter of public interest, or covered

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    27 views15 pages

    Defamation in Law of Torts

    Uploaded by

    shreya shukla
    For a statement to be considered defamatory, it must be false, published to others, and clearly refer to the plaintiff. Key defenses include proving the statement was substantially true, a fair comment on a matter of public interest, or covered

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 15

    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 • LIBEL

    Slander is a false and defamatory statement by Libel is a publication of a false and


    spoken words or gesture tending to injure the defamatory statement tending to injure
    reputation of another. the reputation of another person
    without any lawful justification of
    For e.g., A questions the chastity of B in an excuse.
    interview, A is slanderous. 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 !

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