Summarised information on the topic related to Defamation under Law of Torts.

1. PRESENTATION BY: SWASTI CHATURVEDI & NAVYAA SHARMA
B.B.A. LL.B. 1ST SEMESTER

2. Defamation as defined by Dr. Winfield is “the
publication of a statement which tends to lower
the reputation of a person in the eyes of right
thinking persons of the society generally or which
tends to make them shun or avoid that person.”
In simple language it means injury to the
reputation of another person in the eyes of third
party. It is of two types: Libel (published) and
Slander (spoken).

3.  That the statement was false.
 That it was defamatory.
 That the said statement or words were with
reference to the plaintiff.
 That the statement was published.
 That there was no reasonable or legal
justification for such statement.

4. 1. JUSTIFICATION/ TRUTH:
If the defendant successfully proves that the
statement alleged by the plaintiff is true and for
the public good, then he/she can be absolved
(declared free from guilt) from liability.
2. FAIR COMMENT:
A ‘fair comment’ implies comments honestly
believed to be true and not vitiated (spoiled) by
malice or untrue facts.

5. 3. PRIVILEGE :
There are certain instances where the law
recognises that Free Speech outweighs the
plaintiff’s right to reputation which come under
‘Privilege’.
Privilege as a defence under Law of Defamation
is of two types:
a) Absolute
b) Qualified

6.  ABSOLUTE PRIVILEGE:
In the matters of Absolute Privilege, no action
for defamation can be filed against the
defendant even if the statement stated was
false.
 QUALIFIED PRIVILEGE:
A communication is said to be covered under
qualified privilege if it is made about a person
in discharge of some duty which may be legal,
moral or social, whether public or private.