DEFAMATION
BY –AMRUTA PAI
A-61
TY BLS/LLB
Definition
“Defamation is a tort affecting a man’s
reputation.
It is called libel, when it is in a permanent
form,
and a slander, when it is in a transitory
form.”
• The tort of defamation aims at to protect
the character of the individual against the
attempt to defame the individual in eyes of
the society
• A statement or published material is
considered defamatory if it lowers one’s
reputation of the plaintiff
• There 4 essential conditions to commit
defamation
the statement must be following
1. Defamatory
2. Refer to the plaintiff
3. Published
4. False
EXAMPLE
A newspaper knowingly prints
an article falsely asserting that a
public figure has cheated on
business partners in the
past. While the law protects
media outlets from liability for
printing statements about public
figures
• Defamation falls under 2 types :- Libel & Slander
a) Libel is a publication of a false & a defamatory
statement in permanent form leading to injure the
reputation of another person ,without lawful
justification
Following 3 condition s are necessary condition must be
satisfied to be case of libel :
1.The statement must be false
2.it must be in permanent form
3.it must be defamatory i.e.
a. Expose the plaintiff to hatred
b. Tend to injure his trade or profession or him
c. Cause him to be shunned
CASE LAW FOR LIBEL
In2011, Katie Holmes
settled a lawsuit against
celebrity gossip rag, The
Star, for $50 million. The
suit was over an article
that claimed that
Holmes was a drug
addict. The magazine
issued an apology
statement.
b) Slander is a false & defamatory oral statement in a
transitory form which leading to injure the reputation of
another person ,without lawful justification .
There are 6 conditions required to commit a slander, the
statement must be the following
1. Defamatory
2. Refer to the plaintiff
3. Published
4. Published by the defendant
5. False
6. Special damage to the plaintiff except in some cases
EXCEPTION UNDER SLANDER
Following Statements can’t be considered as
defamation
Any truth statement made in public interest;
Any opinion given by the public in respect of
conduct of a public servant in discharge of his
functions, his character appears;
Publication of any proceedings of courts of justice
including any trial of court and judgment.
EXAMPLE
Saying a doctor has fake diplomas on his wall
An employer claiming an employee stole
equipment
Claiming the business owners participated in
unethical and illegal activities
Saying a restaurant is serving meat from dogs
Difference between Libel & Slander
Slander
Libel
1. Form
It is in a written form It is in an oral form
2. Tort as well as crime in England
It is both trot & crime It is only tort
3.Proof
Libel is actionable per se- Slander is not actionable
without proof of per se i.e. not actionable
actual damage without proof of special
damage
DEFAMATION IN INDIA
Here the defamation can filed under civil law as
well as criminal law under sec 499 & 500 of I.P.C
There was dispute which reached the SC on
whether defamation can be filed under the civil
law well as criminal law in India
However in case Subramanian Swamy v.
Union of India it was decide that defamation
can be filed under both the laws .
Defenses
There 3 defenses available
1. Justification :
• This to show the words said in a statement is fact .
• e.g.- Say ‘A’ tells a group of people that ‘B’ had been
convicted for theft, however ‘B’ had been charged not
convicted then the statement is false
2.Fair & bona fide comment :
•It is a statement on matter of public interest does not
attract any labiality .It is just a fair opinion
• e.g. matters of public interest are affairs of state,
officers of state etc
3. Privilege are 2 types :
a) Absolute privilege is that some members of
public are able to make comments without threat to
sue for defamation as they claim this privilege .
E.G . The politicians can say anything in the
parliament and cannot be sued for defamation
Here the person exempt from inquiry
b) Qualified privilege is no suit will lie upon a
statement even though it is false unless the plaintiff
proves express malice
E.G. The statements made in fair report in
parliamentary proceedings
Here the person is not exempt from inquiry
Compensation
In India ,the punishment for Defamation is a
simple imprisonment for up to two years or with
fine or with both
Also one can claim for damages ,but the
calculation is complex and it is subjective
Also ,one seek for apology in public statement
form
THANK YOU
FAQ
Libel(5)
Difference between slander & libel(5/12)
What is defamation ? State defenses available for
tort of defamation (12)
What is defamation ? Explain its ingredients
citing relevant case laws (12)
