defamation ppt- in this ppt the following topics are covered:- 1.defamation- meaning and definition 2.kinds of defamation 3.essentials of defamation 4.defences against defamation

1. DEFAMATION
Presentation By
Swarup S
(LAW OF TORTS)

2. MEANING OF
DEFAMATION
 Any purposeful false communication, either composed or spoken, that harms an individual's
standing, diminishes the regard, respect, or trust in which an individual is held, or prompts
unfriendly or obnoxious sentiments or sentiments against an individual is called DEFAMATION.
 Defamation is an injury to the standing of an individual. It is a wrong done by an individual to
another's standing by words, composed or spoken, sign or other noticeable portrayals.
 According to Percy Henry Winfield, “Defamation is the publication of a statement which tends to
lower a person in the estimation of right-thinking members of the society, generally or which
tends to make them avoid that person.”
 Illustration: A distributes an ad in a local newspaper expressing fake data that the organization of
B has submitted extortion of Rs 20,00,000. Presently, this assertion will add up to defamation as
this paper will be read by numerous readers and will doubtlessly harm the reputation of B's
organization.

3. KINDS OF DEFAMATION:
Generally, there are two kinds of defamation: Libel and Slander.
1. Libel :-
It refers to defamation made in some permanent form, for example in composed, printed, or comparable
way. In this manner, it very well may be said that it will remain as long as the sculpture or picture remains on.
2. Slander :-
It refers to the form of defamation that is transient in nature, for example, oral criticism i.e defamation.
Subsequently, for this situation, the impact of criticism is considered to remain alive for the time frame of
remark or activity.
Hence, libel is a defamatory statement published to the public while slander is oral defamatory statement.

4. ESSENTIALS OF DEFAMATION
There Are Three Main Essentials Of Defamation :
 The Statement Must Be 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.
 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.
 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 himself is not enough for proving defamation.

5. DEFENCES AGAINST DEFAMATION
It is difficult to assume that all the suits instituted for Defamation are successful, as, in several
instances, the Court has also entertained certain defenses against such accusation. Some of the are
discussed below-
1. Justification of Truth :- In a civil action for defamation, truth of the defamatory matter is complete
Defence. The reason for the Defence is that the law will not permit a man to recover damages in
respect of an injury to a character which he either does not or ought not to posses.
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 :
 It must be a comment, i.e., an expression of opinion rather than assertion of fact;
 The comment must be fair; and
 The matter commented upon must be of public interest.

6. 3. Privilege :- There are certain instances where the law recognizes the freedom of speech
outweighs the plaintiff’s right to reputation which comes under ‘Privilege’. Privilege is of two
types : ‘Absolute’ privilege and ‘Qualified’ privilege.
 Absolute Privilege :- A statement is absolutely privileged when no action lies for the defamatory
statement even though the statement is false or has been made maliciously.
 Qualified Privilege :- A statement is qualified privileged when no action lies for it even though it
is false and defamatory unless it is made with express malice.