2. Defamation is injury to the reputation of person.
According to Winfield,” Defamation is the publication of
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”.
Defamation is an offence under civil law and criminal law
3. ESSENTIAL ELEMENTS OF DEFAMATION
1. The words must be defamatory:-eg:- Ramdhara V.Phulwatibai
Innuendo :- Morrison V. Ritchie & Co.
:-defendants in good faith published a mistaken statement
:- the Plaintiff had given birth to twins
:- Plaintiff had been married only two months back.
:- statement is prima facies not a defamatory one.
:-court held that defendant were liable as the statement is defamatory.
4. 2. The words must refer to the Plaintiff:-
Newstead v. London Express Newspaper Ltd.
Here defendant published an article stating that “ Harol
Newstead ,Camberwell man” had been convicted for 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, defendants were held liable.
5. Defamation of a class of persons
:- East Wood v.Holmes
A man wrote that all lawyers were thieves.
In this case court held that no particular lawyer could maintain an action
unless there was something to point to the particular individual.
Defamation of a dead person
Defaming a deceased person is not Actionable in tort.
In criminal law defamed is liable if the statement would hurt the feelings of
the members of the family.
6. 3. The Statement must be published.
Publication means making known the matter to some person
other than Plaintiff.
Pullama .V. Hill
The court held that dictating of a letter to one’s typist is a
publication.
Arumuga Mudaliar V.Annamalai Mudaliar
Two persons jointly wrote a letter containing defamatory
matter about the plaintiff and sent the same to the plaintiff
by registered post.
Court held that there was no publication by defendant.
7. COMMUNICATION BETWEEN HUSBAND AND WIFE
Not publication
Eyes of law husband and wife are deemed to be one person.
M.C Varghese V. T.J. Ponnan
Here Ponnan wrote a number of letters to his wife, Rathi containing some
defamatory words concerning Rathi’s father M.C Varghese.
Rathi passed these letters to her father.
Father-in-law file case against his son-in-law
S.C held that if the communications between husband and wife have fallen to
the hands of a third person Ponnan was liable.
8. Types Of Defamation:-
LIBEL and SLANDER
Libel:- may be defined as a publication of false and
defamatory statement in some permanent form,
tending to injure the reputation of another person
without lawful justification or excuse.
Slander:-may be defined as a false and defamatory
verbal or oral statement in transitory form tending to
injure the reputation of another without lawful
justification or excuse.
9. Libel
1. Permanent form or oral form
2. Written form,painting, picture form
etc
3. Both tort and crime in English law
and Indian law.
4. Actionable per se.
5. It is addressed to eye.
Slander
1. Defamatory statement is in temporary or
transitory form.
2. Words, gestures etc.
3. It is a tort in English law and both tort and
crime in Indian law.
4. It is not Actionable per se.
5. It is addressed to ear.
Difference Between Libel and Slander
10. Exceptions:- Slander also “Actionable
per se “
1. Criminal offence :- ‘A’ calls ‘B’, a thief.
2. Contagious disease :- AIDS, Leprosy etc
3. Impotence or unfitness :- A says that B is an inefficient
doctor
4. Unchastity or Adultery :- If it is imputed on a woman the
suit is Actionable without proof of damage.
11. DEFENCES
1 .Truth or justification :- defendant has to prove the truth of the defamatory statement.
Illustration :-
‘A’ says that ‘B’ is criminal.
Here if A prove that B was prosecuted and punished for committing different crimes then,A is exempted from
liability .
Alexander V.North eastern railway :-
Railway published the fact of plaintiff being sentenced to imprisonment and fine for ticket less travel. Since it was
truth, there is no defamation.
2. Fair comment :- comment is said to be fair if it is made for public good.
Conditions to be satisfied are
-----expression of opinion on facts
------must not be malicious
------’must be fair
-------public good
12. DEFENCES
3. Privilege :- special right during special occasions.
:-During special occasions right to free speech overcome the plaintiff’s
right to defamation
:-Hence defendant is not liable.
PRIVILEGE
a) Absolute privilege
b) Qualified Privilege
Absolute privilege :- complete immunity is given to person
speaking .
:- It has 3 aspects.
(a) PARLIAMENTARY PROCEEDINGS:- Article 105 (2) of the constitution provides
immunity to parliamentarians to speak anything during the course of parliament.
13. (B) JUDICIAL PROCEEDINGS :-
protection given to judges under judicial officers protection act of 1850.
It also extends to judges, counsel, witnesses and parties to the suit.
Jagannadh Prasad v. Rafat alikhan
Here ( defendant )a magistrate used abusive language against plaintiff .
Defendant was not liable.
(C) STATE COMMUNICATION :-
Statement made by one officer of the state to another during official duty is
absolute privilege.
14. DEFENCES
b) Qualified Privilege:-
: Statement is made without malice ie,wrongful intention.
: Provides free communication in certain relationships without the risk of defamation.
: for self protection
: for public good
: for protection in the common interest
: it can be claimed in respect of following statements made honestly and without malice.
1, Fair and accurate reports of the proceedings of the legislature
2, Fair and accurate reports for judicial proceedings open to the public.
3, Fair and accurate reports of public meetings in news papers.
4, Statements made in pursuance of a legal, social or moral duty.
4. Apology :- Suit for defamation gets extinguished if the defendants tenders unconditional apology, if the
plaintiff admits the same.
