A person who, through spoken or legible words, symbols, or visual
representations, makes or publishes any allegations about that person with
intent to damage that person's reputation, or knowing that such allegations will
harm A person who is, or has reason to believe, except: In the following cases,
slander the person.
Any intentional false communication, whether written or oral, that damages a
Alternatively, eliciting disparaging, hostile, or offensive opinions or feelings
towards someone is called defamation.
There are two type of defamation
Defamation is the act of insulting or defaming a person for a felony or
violation. In the case of criminal defamation, he may at any time have prosecute
the person or party responsible. It is being investigated by the IPC as a
Civil defamation is not a criminal offence, but for this type of defamation you
can sue the other party for legal compensation for defamation. It is studied as
tort law, i.e. civil tort.
Libel and Slander
Libel is representation in a durable form, such as text, film, or images.
example A was a representation of him in a particular format because he printed
an ad that said D was bankrupt but D was not.
Slander, on the other hand, is the making of defamatory statements in temporary
form, such as spoken words or gestures. For example, E is defamatory if E asks
about B's chastity in an interview.
Youssoupoff v. MGM Pictures Ltd
Plaintiff alleged that she could identify with the character Princess Natasha in
the movie "Rasputin the Mad Monk." Defendant argued that if the film revealed
Rasputin's relationship with "Natasha", it indicated Natasha's rape, not
Movies In film, not only the photographic part is considered defamatory, but
also the words that are in sync with it. Defamation can include language that
alienates or alienates a person. So she was awarded Damages.
D.P. Choudhary v. Kumari Manjulata
Plaintiff - Defendant Manjurata, aged about 17, belongs to a respected
family and holds a bachelor's degree. A message appeared in her local daily, Dainik
Navjyoti, that she ran away last night with a boy named Kamlesh. But she had gone to
to take her evening class. The news was not true and was published completely irresponsibly and carelessly. She was shocked and made fun of by others's lawsuit was found to be defamatory and she was entitled to her 10000 rupee damages as general damages to her
Essential Of Defamation:There are three main characteristics of slander. That is:
There are three defence of defamation:
- The statement must or should avoid the person.
The criteria used are those of the Citizens of Justice. An impartial
person of average intelligence who is not that of a particular class of people
whose values are not shared or recognized by fair-minded members of her
Ramdhara v. Phulwatibai
The Defendant's insinuation that the Applicant, a widow of years, was the keeper
of the Applicant's daughter-in-law's maternal uncle, was not merely vulgar
abuse, but a crucial innuendo of her chastity, It was therefore found to
South Indian Railway Co. v. Ramakrishna
A railroad ticket inspector who asks for identification or other documents as
part of his or her duties is not defamatory because he has not issued a
- Statement Must Relate to Plaintiff A defendant is liable even if the
person to whom the statement is made public could reasonably conclude that
the statement relates to the plaintiff.
Newstead v. London Express Newspapers Ltd
Defendant published an article stating that "Harold Newsted, Man of Camberwell"
was convicted of bigamy. The defamation lawsuit was brought by another Harold Newsted,
Defendants are liable, as the term should be understood to refer to plaintiffs.
Harsh Mendiratta v. Maharaj Singh
In this case it was said that defamation actions can only be supported by the
person being defamed and not by friends or relatives.
- Defamation Must Be Published
Disclosure means making the defamatory matter known to a person other than the
person to whom the defamation is being made, otherwise it will not be a civil
Mahender Ram v. Harnandan Prasad
In the case of Mahender Ram v. Harnandan Prasad a defamatory letter was written
to the plaintiff in Urdu and the plaintiff asked it to be read by a third party
if the plaintiff did not know Urdu. It is said. unless it is proved that the
defendant knew that the plaintiff did not know Urdu at the time he wrote Letter.
These are further of two types:
- Justification or Truth
In criminal law, mere proof that a statement is true is not a defense, whereas
in civil law,
mere proof of truth is a valid defence. Alexander v. NE RLY plaintiff, had been
convicted of taking a train from Leeds without purchasing a valid ticket for
him. If he did not comply with the fine, the penalty was a fine and 14 days in
prison. However, after conviction, the defendant released his
notice that the plaintiff was convicted and, if defaulted, fined or he was
sentenced to three weeks in prison.
Plaintiff alleged that Defendant committed
defamation by misrepresenting the penalty imposed on him. Defendants argued that
Judgment was described with substantial and sufficient accuracy and that its
words were not defamatory so long as they differed in literal meaning from the
words in Judgment.
The essence of defamation was that plaintiff was ordered to
pay a large sum, and if he failed to pay he was sentenced to imprisonment.
Blackburn J. pointed out that the libel content was true, but question was
whether what was inaccurately stated was the essence of the libel.
- Free Consent:
- Comments are statements of opinion, not statements of fact.
- Comments must be fair. In other words, there is no malice.
- Issues commented on must be of public interest.
There are certain occasions when the law recognizes the right to freedom of
speech outweighs the plaintiff's right to reputation, the law treats those
occasions as 'Privileged'.
- Absolute privilege:
No action lies for the defamatory statement even though the statement is
false or made maliciously. It applies to : Parliamentary Privilege, Judicial
proceeding and State communication.
- Qualified privilege:
It is necessary that the statement must have been without malice. The
defendant has to prove that statement was made on a privileged occasion
Defamation is tort resulting from defamation. It is an act of making a false
statement to a third party and defaming the reputation of another person.
Defamation is damage to reputation. Defamation laws are meant to protect
people's reputations from unjustifiable attacks. In practice, its primary effect
is to hinder freedom of expression and protect those in power from scrutiny.
Defamation laws allow people to sue anyone who says or posts false, hateful
- Gauri Singh
- Daksh Goel