DEFAMATION
A Project submitted to
ARMY INSTITUTE OF LAW, MOHALI
In partial fulfillment of the requirements for the award of degree of B.A.L.L.B.
Submitted to: Submitted by:
Dr. Anmolpreet kaur Bajwa Satwinder Kaur
2290
DECLARATION
It is certified that the project work presented in this report entitled “Defamation” embodies
the results of original research work carried out by me. All the ideas and references have been
duly acknowledged.
Name:Satwinder Kaur
Roll no.: 2290
ACKNOWLEDGEMENT
I am overwhelmed in all humbleness and gratefulness to acknowledge my depth to all
those who have helped me to put all these ideas. I would like to express my special thanks
of gratitude to my teacher Mrs. Anmolpreet Kaur Bajwa who gave me this golden opportunity
to execute this project. Her approachable nature has made learning more effective and effortless.
Without her expertise and extraordinary method of instruction, the project would not lack in
quality.
I would like to covey my heartfelt thanks to my parents for their constant guidance and support.
Best wishes are in order to all my batchmates who have been cooperative, patient and have
stood by me as pillars of strength at all times. Special mention to my seniors for being my guiding
light at all times and for being very proactive whenever I approached them for assistance.
My deepest gratitude would also go out to my principal, Dr. Tejinder Kaur and Army Institute
of Mohali, for giving me the privilege to being a part of the esteemed AIL family and for all
the learning opportunities in years to come.
INDEX
Serial No. Topic Page No.
1. Introduction 1
2. Meaning and Definition 1-2
3. Essentials 3-6
4. Defences 7-10
5. Conclusion 11
INTRODUCTION
To maintain his reputation in society is of extreme importance to a man and he would
generally give anything for it. If someone maligns or tries to malign one’s reputation,
it is very normal for one to feel aggrieved or indignant and sometimes such maligning
can be very damaging socially, economically, psychologically and in many other ways.
It is an inherent right personal right of a person to protect his reputation. It is a Right in
Rem,i.e., a right against everyone in the world.
Defamation comes under both civil and criminal wrong. Criminal liability of defamation
is to be determined in accordance with the provision of sec.499 and 500 of I.P.C. In
that respect, the law in India is codified. So far as tort of defamation is concerned , the
law in India is not codified.
In the case of Mushtaq Ahmed Mir vs Akash Amin Bhat ,(AIR 2010), the court held that
It cannot be said that a person who does not possess sufficient possesssions and institutes
a case against defendants for defamation,cannot have any respect in society. The reason
is that reputation of a person is not dependent on wealth he has and what is his financial
status.
MEANING
Defamation is injury to the reputation of a person. If a person injures the reputation of
Another, he does so at his own risk, as in the case of an interference with the property.
A man’s reputation is his property, and if possible, more valuable, than other property.
DEFINITION
Defamation in the law of torts doesn’t have a fixed definition but can be best defined as:
The tort of defamation consists of a false and defamatory statement concerning the plaintiff
Without any lawful justification. It can also defined as: 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.
The definition makes it amply clear that it is wrong committed by a person against another,
tending to lower the latter’s reputation in the estimation of right-thinking members of
society generally.
TYPES OF DEFAMATION
Mainly because of historical reasons, English Law divides actions for defamation into---
Libel and Slander.
SLANDER: It is a false and defamatory statement by spoken words and/or gestures
tending to injure the reputation of others. It is in a transient form. It also involves the
sign language used by the physically disabled.
LIBEL: It is the publication of a false and defamatory statement tending to injure the
reputation of another person without lawful justification or excuse. The statement must
be in a printed form, e.g., writing, printing, pictures, cartoons, statue, waxwork effigy etc.
Libel is representation made in some permanent form.
ESSENTIALS OF DEFAMATION
(1) The statement must be false or/and defamatory.
(2) The statement must refer to the plaintiff.
(3) The statement must be published.
(4) The statement must be without lawful justification.
1. THE STATEMENT MUST BE FALSE AND/OR DEFAMATORY.
Defamatory statement is one which tends to injure the reputation of the plaintiff.
Defamation is the publication of a statement which tends to lower a person in the
estimation of right thinking members of society generally, or which tends to make
them shun or avoid that person. An imputation which exposes one to disgrace and
humiliation, ridicule or contempt, is defamatory. The defamatory statement could
be made in different ways as in it could be oral, in writing, printed or by the
exhibition of a picture, effigy or statue or by some conduct. However, words
spoken in anger or annoyance or in the heat of the moment are not defamatory as
they in no way reflect on the character of the one being abused. To be actionable,
the alleged defamatory statement must be false. Defendant has to establish in his
defence that the statement is true.
CASE LAW
D.P. Choudhary v. Manjulata1
Manjulata, about 17 years of age, belonged to a distinguished educated family of
Jodhpur. She was a student of B.A. There was publication of a news item in a
Local daily, Dainik Navjyoti, Dated 18.12.77 that last night at 11p.m. Manjulata
Had run away with a boy named Kamlesh, after she went out of her house on the
pretext of attending night classes in her college. The news item was untrue and was
published negligently with utter responsibility. She was shocked and ridiculed by
persons who knew her and her marriage prospects were adversely affected thereby.
1
AIR 1997 Raj. 170.
It was held that all defamatory words are actionable per se and in such a case, general
Damages will be presumed. She was entitled to an award of Rs. 10,000/- by way of
General damages.
THE INNUENDO
A statement may be prima facie defamatory and that is so when its natural and obvious
meaning leads to that conclusion. Sometimes, the statement may prima facie be
innocent but because of some latent or secondary meaning, it may be considered to
be defamatory. When the natural and ordinary meaning is not defamatory but the
plaintiff wants to bring an action for defamation, he must prove the latent or the
latent or the secondary meaning i.e., the innuendo, which makes the statement
defamatory.
CASE LAW
Cassidy v. Daily Mirror Newspapers Ltd.2
Mr. Cassidy was married to a lady who called herself Mrs. Cassidy. She was known
as the lawful wife of Mr. Cassidy who did not live with her but occasionally came
and stayed with her at her flat. The defendants published in their newspapers a
photograph of Mr. Cassidy and Miss ‘X’, with the following words underneath:
“Mr. Cassidy, the race horse owner, and Miss ‘X’, whose engagement has been
announced”. Mrs. Cassidy sued the defendants for libel alleging that the innuendo
was that Mr. Cassidy was not her husband and he live with her in immoral
cohabitation. Some female acquaintances of the plaintiff gave evidence that they
had formed a bad opinion of her as a result of the publication. The jury found that
the words conveyed defamatory meaning and awarded damages. The court of appeal
held that the innuendo was established. Obvious innocence of the defendants was no
defence. The defendants were held liable.
2
(1929) 2 K.B. 331.
2. THE STATEMENT MUST REFER TO THE PLAINTIFF.
In an action for defamation, the plaintiff has to prove that the statement of which
he complains referred to him. It is immaterial that the defendant did not intend to
defame the plaintiff. If the person to whom the statement was published could
reasonably infer that the statement referred to the plaintiff, the defendant is
nevertheless liable.
CASE LAW
Newstead v. London Express Newspapers Ltd.3
The defendants published an article stating that “Harold Newstead, a Camberwell
Man” had been convicted of bigamy. The story was true of Harold Newstead, a
Camberwell Barman. The action for defamation was brought by another harold
Newstead, Camberwell barber. As the words were considered to be understood
as referring to the plaintiff, the defendants were held liable. It has been noted above
that the liability for the defamation did not depend upon the intention of the defendant
to defame,but upon the fact the statement made by him was considered to be
defamatory.
However, when the words refer to a group of individuals or a class of persons, no
member of that group or class can sue unless he can prove that the words could
reasonably be considered to be referring to him.
Reference may be made in various forms:
1) Reference without any name.
2) Reference towards one person but defamation of other person.
3) Reference to a class.
4) Reference towards dead person.
3
(1939) 4 All E.R. 391: (1940) 1 K.B. 377.
3. THE STATEMENT MUST BE PUBLISHED.
Publication means making the defamatory matter known to some person other
than the person defamed, and unless that is done, no civil action for defamation lies.
Communication to the plaintiff will not count because defamation is injury to the
reputation which consists in the estimation in which others hold him and not a man’s
own opinion of himself. However, if a third party wrongfully reads a letter send to
the plaintiff, with some alleged defaming material, it is not defamation. But when the
defendant knows that the letter is likely to be read by someone else and it contains
some personal information only meant for the recipient, then he might be liable.
CASE LAW
Mahendra Ram v. Harnandan Prasad4
The defendant sent a defamatory letter written in Urdu to the plaintiff. The plaintiff
did not know Urdu and therefore the same was read over to him by a third person.
It was held that the defendant was not liable unless it was proved that at the time
of writing the letter in Urdu script, the defendant knew that the Urdu script was not
known to the plaintiff and it would necessitate reading of the letter by a third
person.
A) Communication between husband and wife: In the eyes of law, husband and
wife are one person and the communication of a defamatory matter from the
husband to the wife or vice versa is no publication.
B) Repetition: The liability of the person who repeats a defamatory matter arises
in the same way as that of the originator, because every repetition is a fresh
publication giving rise to a fresh cause of action.
C) Injunction: An injunction is a legal and equitable remedy in the form of
special court order that comples a party to do or refrain from specific acts.
4
AIR 1958 Pat. 445.
DEFENCES
The defences to an action for defamation are:
1) Justification by Truth
2) Fair comment
3) Privilege(Absolute or Qualified)
1. JUSTIFICATION BY TRUTH
In an action for defamation, Truth is a complete defence. However, although under
criminal law, it must also be proved that the accusation was made for the public good,
under the civil law; merely proving that the statement was true is a good defence.
The defence is available even if the statement is made maliciously. If the statement
is substantially true but incorrect in respect of certain other minor particulars,the
defence will still be available.
CASE LAW
Alexander v. North Eastern Ry.5
In this case, the plaintiff had been sentenced to a fine of 1 pound or 14 days
Imprisonment in the alternative, for travelling on a train without appropriate
ticket. The defendants published a notice stating that the plaintiff had been
sentenced to a fine of 1 pound or three weeks imprisonment in the alteranative.
Held, the defendants were not liable, the statement being substantially accurate.
5
(1885) 6 B & S. 340.
2. FAIR COMMENT
Making fair comment on matters of public interest is a defence to an action for
Defamation. For this defence to be available, the following essentials are required:
A) It must be a Comment i.e., an expression of opinion rather than assertion of fact.
B) The comment must be fair.
C) The matter commented upon must be of public interest.
A) Comment;
Comment means an expression of opinion on certain facts. It should be distinguished
From making a statement of fact. A fair comment is a defence by itself whereas if it
is a statement of fact that can be excused only if justification or privilege is proved
regarding that. Whether a statement is a fact or a comment on certain facts depends
on the language used or the context in which that is stated.
B) The comment must be fair:
The comment cannot be fair when it is based upon untrue facts. A comment based
upon invented and untrue facts is not fair. Thus, in the review of a play when
immorality is imputed by suggesting that it contained an incident of adultery, where
in fact there was no such incident in the play, the plea of fair comment cannot be
taken.
C)The matter commented upon must be of public interest:
Administration of Govt. departments, public companies, courts, conduct of public
men like ministers or officers of state, public institutions and local authorities,
public meetings, pictures, theaters, public entertainments, textbooks, novels etc.
are considered to be matters of public interest.
3. PRIVILEGE
There are certain occasions when the law recognizes that the right of free speech
Outweighs the plaintiff’s right to reputation. Such privileges can be of two types:
Absolute and Qualified.
A) Absolute Privilege: In case of Absolute Privilege, no action can be brought
against any defamatory statement irrespective of it being false or being
maliciously made. It is an absolute defence and this defence is available on
in a very restrictive manner. Such defence is recognized in the following cases:
• Parliamentary Proceedings: Article 105(2) of our constitution provides
that: a) statements made by a member of either House of Parliament,
and b) the publication by or under the authority of either House of
Parliament of any report, paper, votes or proceedings, cannot be
questioned in a court of law.
A similar privilege exists in respect of State Legislatures, according to
Article 194(2).
• Judicial Proceedings: No action for libel or slander lies, whether
against judges, counsels, witnesses, or parties, for words written or spoken
in the course of any proceedings before any court recognized by law, even
though the words are maliciously, without any justification or excuse, and
from personal ill will and anger against the person defamed.
• State Communications: A statement made by one officer of the state to
another in the course of official duty is absolutely privileged for reasons
of public policy.
B) Qualified Privilege: In certain cases, the defence of qualified privilege is also
available. Generally, such a privilege is available either when the statement
is made in discharge of a duty or protection of an interest, or the publication
is in the form of report parliamentary, judicial or other public proceedings.
Thus, to avail this defence, the defendant has to prove the following two points:
• The statement was made on a privileged occasion.
• The statement was made without any malice.
CONCLUSION
Every person has the right to protect and nurture his reputation. It is an inherent right
that one can exercise against the whole right. It basically empowers a person to seek
compensation against somebody who defames him/her.
BIBLIOGRAPHY
• R.K. Bangia, The Law of Torts
• [Link]
• [Link]
