25, 10:19 AM Defamation And Media Law

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Every person has the right toprotect his/ her fame like body and property.

Actually, the right of protection of fame is more important than the right of protection of body and
property.

A person can tolerate the injury of property and body but not the injury of reputation. This is the
reason that injury to the reputation i.e. defamation has been treated actionable under the law of tort
along with criminal act.

Definition
Different definition of defamation have been given by different jurists.
According to Underhill, defamation is false statement to blame one's reputation Defamation can be
done by words, signs, or scenes. The aim of defamation is to down plaintiffs reputation.
According to Salmond, defamatory tort is publishing faise statements and the statements of
defamation.
According to Winfeld, defamation is the statements relating to someone which are published to
down one's reputation. Sothat right thinking member of society may despise him.
BNS
The word defamation is also defined underjsection 499 of Indian Penal Code 1860 as below:
S/499 of Indian Penal Code provides:
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 willharm, the reputationof such person, is said except in
the case here in after expected to defame that person.
OLegal services
Explanation 1:
it mayamount todefamation toimputeanything to a deceased person, if the imputation would
harm the reputation of that person if living, and is intended to be hurtful to the feelings of his famiy
or other near relatives.

Explanation 2:
It may amount to defamation to make an imputation concerning a company or an association or
collection of persons as such.

Explanation 3:
An imputation in the form of an alternative or expressed ironically, may amount to defamation.
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 1/29/25, 10:19 AM Defamation And Media Law

Explanation 4:
that imputation directly or indirectly, in
.udtion is said to ham a person's reputation, unless of that person, or lowers the
character
e estImation of others. lowers the moral or intellectual
Ctldcter of that person in resnect ofhis caste or of his calling, or lowers the credit of that person, or
state generally
causeslt to be believed that the body of that person is in a loath some state, or in a
considered aas disgraceful.
Illustration
a hsdsked who stole B's watch. Apoints to Z. intending to cause it to be
believed that Z stole
B's watch. This is defamation, unless it falls within one of the exception.
DAOrdws a picture of Zrunning away with B's watch, intending to be believed that Z stole B's
watch, this is defamation, unless it fall within one of the exception.

Kinds of Defamation:
There are two kinds of defamation:
a. Libel:
a libel is apublication of false and defamatory statement in some permanent from tending to
injure the reputationof another person without lawful justification or excuse, In anaction for
libel the statement complained of must be false, permanent in nature and published] Winfeld
has also considered the libelas defamation statement in permanent form. Legal aid
In the case of S.N.M. abdi vs Prafulla Kumar Mohanta (A.l.R. 2002 Orissa 75), an article
published in a newspaper allegedly defamed plaintiff has been considered as libel by the
Orissa High Court and it was said that the plaintiff is entitled to get compensation from the
defendant.

In the case of libel three items are required to be proved:

[Link] the statement published by the defendant was false;
ii. That such statement was permanent, and
iii. That it was defamatory.

b. Slander:
a slander is false and defamatory,verbal or oralstatement in transitory forms intending to
injure the reputation of another withoutlawful jurisdictionor excuse. Slander is not per se
actionable. ^lander is actionable one on proof of special damage.

Difference: following differences are there in libel and slander:

1. Libel is either written or published which is addressed to eye or that can be read and seen,
whereas similar slander is spoken or oral which is addressed to ear and that can be listen.
2. In libelthe defamatory matter is in permanent form while slander is defamation in transit
form. (Noor Mohammed vs ziauddin, 1991,MPL 503)
3. Libel is both a civilwrong and criminal offence while slander is a civil wrong only, although the
slander is categorized in both- civil and criminal in India.
4. Libel showsgreater deliberation and raises a suggestion of malice because it is written
whereasaslander may be uttered in that heat of the moment and under sudden provocation.
5 Libel is always actionable per e i.e. without the proof of any damage whereas, save in
exceptional cases, slander is actionable only on proof of special damage whereas such special
damage is not required to be proved in India.
In the case of Parwativs Mannar [ILR(1884)8 Madras 175] it has been held that under the
nroceedings of slander in India proving of special damage is not required. This view has been also
bttns://[Link]/leqallarticle-7095-defamation-and-media-law btl
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 Defamation And Media Law

j. 10:19 AM MPL 483).

vs Phoolwati (1969
ratified in the case of Ramdhara
defamation,
Essential Elements of Defamations:
essential elements of
defamation. For the success of
sue of
Now we will discuss the
following is required to be proved.
defamatory: defamatory. Such
[Link] must be the words or statement must be
defamation s that ordinary sense it
The first element of defamatory by which, in its natural and
treated person and people
Words or statement may be feeling of other persons against the
opinion or Generally, the
tends to excite adverse injured in his profession, business or trade.
person is
hatred him, by which a
are considered defamatory:
following words or statements excite adverse opinion;
Which tends to holding up to public hatred or reputation;
i. and degradation of his
to libelous to plaintiff
ii. Which tends character or credit;
tends to prejudice a person's private
iii. Which or trade, or
person in his profession, business
iv. Which tends to injure a or avoided by the
feared, shunned, disliked
cause a person to be
V. Which tends to
neighbours or others. this case, the
of 'Marrison vs Richiand Co. T(1902)4 F645]. In plaintiff
One moresimilar case is news that twotwins have borne from the
this
defendant ignorantally published two months earlier. The
plaintiff filed a suit for
married only said that without
whereas the plaintiff was the court while entertaining it
defendant in which
defamation against the of defamation. At all it
facts, the published news comes under purview defamation and
enquiringthe truth f cannot be a base for defence of
ignorance or unknowness
may be held that
intention in it.
there is no importance of

to the plaintiff:
[Link] Statement must refer directed towards the plaintiff or
to be made for the
statements are to be
the defamatory to prove that the
In such cases, the plaintiff has
plaintiff, is second essential element. name, brief name, false
him. Such an action can done by referring whole
statement refer to from such words or
name, etc. it is only essential that it may be inferred
name,imaginary
plaintiff.
statements that they are referred to

published:
3. The statement must be such words or statements.
the third essential element of defamation is publication of plaintiff. If a
to some person other than the
Publication means making known the matter in his
and puts it into his own pockets or locks it
person writes a defamatory matter of plaintiff publication.
because there has been no
drawer, he is not responsible in action,

writes a defamatory note for B. B torns out it after

It may be clarified by us by an example; A
publication because that letter was only in
seeing or keeps it in his box. It will not be treated as
letter then it will be treated as
the notice of plaintiff. But, if 'A' sends a telegram in place of
Telegram clerk,
publication because it has come in to knowledge of many persons like.
postman etc.

In the case of Queens vs Adams [(1888)L.R. 22 Q.B.D. 66] the defendant exhibited indecent
expression in aletter and packed in an envelope and send it to the women. Such exhibition
was not considered publication because any other person was not supposed to know about
this.

In Nemchand vs khemrajn (Air 1973 raj. 200) it was held by Rajasthan High court that the
publication be considered defamation only when it decreases the reputation of someone

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1/29/25, 10:19 AM Defamation And Media Law

before other persons.

4. False Statements:
defendant intended to defame
cally the onus of proof is on the plaintiff to prove that the
definition of detamation.
. Such statement is true then it does not cover under the
ACtually the publication of true statements is a good defence.
5. Publication of Statement by the
defendant: published
yese statements must be published by the defendant. If these staterment are
Oy other person bythe name of defendant, it is not defamation.

In the case of Ritnand Balved Education Foundation vs Alok Kumar Delhi, the defendant made
talse and malice statements against the members of board and secretly made informations
about this to some persons. Where all the defamatory statements were found to be directed
towards the executive board ofthe plaintiff society and not against plaintiff society, no damage
could be found to have occurred due to injury to reputation of plaintiff society, the suit was
dismissed.

In the case ofVimal Kumar vs Desh Divakar, Madhya Pradesh the plaintiff was a minister. It was
alleged that the defendant published a circular stating that the plaintiff was arrested for causes
nuisance to the management of aschool and he also took a share from salary of teachers,
allegations were found to be correct, act of defendant was not held to be libelous.

Media Law And Defamation

It is very important that any of the published news is within the purview of the ethics of the media
person or thejournalists. One should see that the information communicated leads to truthfulness
and leads the mass in aproper direction and doesn't create anegative impact. Ina society the law
endows every person with a right to maintain and preserve his reputation. The right of reputation is
acknowledged as an inherent personal right of every person. Aman's reputation is his property and
perhaps more valuable than any property.

Constitutional Aspect
The constitutional aspect of the media law involves to certain fundamental freedoms. There is no
direct freedom given in concerned with media law but indirect freedom falls under the Article 19.
This article gives the freedom of speech and if seen in relation to media, Article 19(1) enumerates the
freedom of speech and expression. This fundamental right plays a very vital role in relation to the
freedom of media. The right given to the media person also brings some of the restrictions to it. One
can't use the right to its extreme, the other laws has to be kept with it at the time of implementation.

Case Laws
InSakal Papers Itd. V. Union of India in this case, the Daily Newspapers Order, 1960, which fixed a
minimum price and number of pages, which anewspaper is entitled to publish, was challenged as
unconstitutional. The state justified the law as areasonable restriction on a business activity of a
citizen. The Supreme Court struck down the order rejecting the state's argument. The court opined
that, the right of freedom of speech and expression couldn't be taken away with the object of placing
restrictions on the business activity of the citizens. Freedom of speech can be restricted only on the
grounds mentioned in clause (2) of Article 19.

K. A. Abbas V. Union of India, the petitioner for the first time challenged the validity of censorship as
violative of his fundamental right of speech and expression. The supreme court however observed
that pre- censorship of films under the Cinematography Act was justified under Article 19(2) on the
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4/15
 10:19AM Defamation And Media Law

rnunds that films has to be treated separately from other forms of art and expression because a
motion picture was able to stir up emotions more deeply and thus,classification of films between
rwocategories A(for adults only) andU'(for all) was brought about.

Defecne of Defamation
[Link] of true Statement
will not
Truth is greatest defence of defamation. Means if it is proved by the defendant then he
public as well
responsible for defamation. In India law, the statement must be in the welfare of
as true.

notice stating that the plaintiff

In Alexander v/s N.E Railway (1865) the defendant published asentenced to a fine of Rs 1 with an
had been convicted or travelling in atrain without ticket and
as the statement
alternative of three weeks imprisonment. The defendant was held not liable,
has been substantially true.

2. Impatial and Just Criticism

impartial and just a criticism. If defendant
Thesecond defence in the case of defamation is
just, then he will not be held responsible
proves that whatever he published was impartial and
for defamation. But it is necessary that the criticism must be:
a nthe publicwelfare
btD good faith Malie: the desiie to
ctust andbalanced ham Oeone
dMerely an opinion
3. Privilege
immunity
Privilege is third good defence of defamation. Privilege means an excuse or
called privilege
conferred by law on statement or communication made on certain ocCcasions
OCcasions.
Aefense thot patck a peson
Privilege is of two kind:

Complate immwi jan lasty

a. Absolute privilege
b. Qualified privilege hrere fteor malbus
Absolute privilege statement are such statement on which no action lies for them even
thought they are false, defamatory and made with express malice. In public interest, it is not
desirable and necessary to inquire such privilege.

In such privilege statements, following cases are covered:

aParliamentary proceeding
fudicial proceedings
eroceedings of Military and Naval
eroceeding of stateetc.
Whereas the statement under qualified privilege are such statement which are made in certain
circumstances are not malice.

Following statements are deemed to be included in it:

a. Statement made in performance of a duty
[Link] made for safely and save interest of
c. Fair and accurate report
others.
In the case of Tejkiran Jain v/s SanjivReddy
(AlR
that the parliament Members cannot be held 1970 SC) it has been held by supreme court
liable for the statements made in
Parliament
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HL tuphd tht the epe

SC allowed the peal hld that the

ws vald.
tentaute by
be
the
to

and uoe exbtHve

Slenes ot
th mesae atudet.
to advucense ot

Heon Case.