Defamation: If a person injures the reputation of another person he commits a civil wrong i.e. defamation. Modes of defamation …
Defamation:
If a person injures the reputation of
another person he commits a civil wrong i.e. defamation.
another person he commits a civil wrong i.e. defamation.
Modes
of defamation
of defamation
1) Slander 2)
Libel
Libel
(ears) (eyes)
Libel – It is a representation made in some permanent form
e.g. writing, printing, picture, effigy or status.
e.g. writing, printing, picture, effigy or status.
Note: – Libel is
actionable per se, slander is note actionable per se. in case of stand proof of
special damage is required to claim damages.
actionable per se, slander is note actionable per se. in case of stand proof of
special damage is required to claim damages.
Defamation is civil and also defined in criminal law as criminal
wrong under section 499 of IPC.
wrong under section 499 of IPC.
In criminal law only libel has been recognized as an
offence.
offence.
Case Law : Deepti Chaudhary V Manjulata
AIR1997 Raj 170
AIR1997 Raj 170
The plaintiff – Respondent, Manjulata about 17 years of age,
and was living with family in Jodhpur. A news was plublished in Dainik Navjyoti
that Manjulata had run away with a boy named Kamlesh after she went out of her
house on the pretext of attending night classes. The news item was untrue and
was published negligently. Her marriage prospects were badly affected.
and was living with family in Jodhpur. A news was plublished in Dainik Navjyoti
that Manjulata had run away with a boy named Kamlesh after she went out of her
house on the pretext of attending night classes. The news item was untrue and
was published negligently. Her marriage prospects were badly affected.
Held – Court held that defamatory was an actionable per se
and general damage of Rs. 10,000/- were awarded.
and general damage of Rs. 10,000/- were awarded.
Essentials
of defamation
of defamation
1.
The statement must be defamatory.
The statement must be defamatory.
2.
The statement must refer to the
plaintiff.
The statement must refer to the
plaintiff.
3.
The statement must be published.
The statement must be published.
The
innuendo
innuendo
Secondary meaning of a statement
A statement may be prima facie innocent. If any statement on
the face of it seems to be innocent but its secondary meaning or a disclosure
of some truth it seems to be defamatory.
the face of it seems to be innocent but its secondary meaning or a disclosure
of some truth it seems to be defamatory.
Example: A got
married to B this statement if published it seems to be innocent statement but
if A is already married and this truth came in news than the situation will
suggest that the above statement is defamatory.
married to B this statement if published it seems to be innocent statement but
if A is already married and this truth came in news than the situation will
suggest that the above statement is defamatory.
It is not a tort but a criminal offence, if it would harm
the reputation of that person.
the reputation of that person.
Publication of statement is must as communication only with
the plaintiff is not suffice defamation is injury to the reputation and
reputation consists in the estimation in which others hold him and not a man’s
own opinion of himself.
the plaintiff is not suffice defamation is injury to the reputation and
reputation consists in the estimation in which others hold him and not a man’s
own opinion of himself.
Communication between Husband and wife
In the eyes of law, husband and wife are one person and the
communication of a defamatory matter from the husband to the wife or vice versa
is not publication.
communication of a defamatory matter from the husband to the wife or vice versa
is not publication.
Case Law : T.J. Ponnen V. M.C. Verghese
TJ Ponnen wrote letter to his wife Rathi containing some
defamatory imputations about his father in law. Mr. M.C. Verghese Mr. Verghese
brought on action against T.J. Ponnen. Supreme Court held that letters
addressed to the wife can’t be used as evidence as it is a private
communication between husband and wife.
defamatory imputations about his father in law. Mr. M.C. Verghese Mr. Verghese
brought on action against T.J. Ponnen. Supreme Court held that letters
addressed to the wife can’t be used as evidence as it is a private
communication between husband and wife.
Defences
1. Justification or Truth.
2. Fair comment
3. Privileged Communication
1. Justification
of truth – Law does not allow a man to recover
damages in respect of an injury to a character which he either does not or
ought not to possess. If the statement is true then it is a defence.
of truth – Law does not allow a man to recover
damages in respect of an injury to a character which he either does not or
ought not to possess. If the statement is true then it is a defence.
2. Fair
Comment – No comment is unfair if it is based
on true facts. If facts are substantially correct though untrue on some minor
details, the comments based on those facts will be fair.
Comment – No comment is unfair if it is based
on true facts. If facts are substantially correct though untrue on some minor
details, the comments based on those facts will be fair.
3. Privilege –
(1) Absolute (2) Qualified
(1) Absolute (2) Qualified
In case circumstances freedom of speech
is protected even if it is exercised is defamatory. It overrides the individual
right to reputation.
is protected even if it is exercised is defamatory. It overrides the individual
right to reputation.
Absolute Privilege
A speech made during parliamentary
proceedings or in state legislature and publication of the same, has the
constitutional protection as the constitution grouts privilege to any such
speech.
proceedings or in state legislature and publication of the same, has the
constitutional protection as the constitution grouts privilege to any such
speech.
No action for defamation lies against
any person involved in judicial proceedings. Military, naval and state communication
is also privileged.
any person involved in judicial proceedings. Military, naval and state communication
is also privileged.
Qualified Privilege
A statement is said to have a qualified
privilege in spite of it being false and defamatory if there is no proof of
maliciously.
privilege in spite of it being false and defamatory if there is no proof of
maliciously.
Essentials
1.
A suitable occasion to make statement
A suitable occasion to make statement
2.
The statement must have reference to
such occasion.
The statement must have reference to
such occasion.
3.
It must not be made maliciously but
with proper motive.
It must not be made maliciously but
with proper motive.
Practice exercise
1. If a person injures the reputation of another
person he commits a civil wrong known as
person he commits a civil wrong known as
A.
Defamation
Defamation
B.
Assault
Assault
C.
Nuisance
Nuisance
D.
None of the above
None of the above
Ans:
A
A
2.
In criminal law only _________ has been recognized as an offence
In criminal law only _________ has been recognized as an offence
A.
Libel
Libel
B.
Slander
Slander
C.
Mayhem
Mayhem
D.
None of the above
None of the above
Ans:
A
A
3. Essentials of defamation are:
A.
The statement must be defamatory.
The statement must be defamatory.
B.
The statement must refer to the plaintiff.
The statement must refer to the plaintiff.
C.
The statement must be published.A. Pubic nuisance
The statement must be published.A. Pubic nuisance
D.
All of the above
All of the above
Ans:
D
D
4.
If any statement on the face of it seems to be innocent but its secondary
meaning or a disclosure of some truth it seems to be defamatory it is
If any statement on the face of it seems to be innocent but its secondary
meaning or a disclosure of some truth it seems to be defamatory it is
A.
Statement
Statement
B.
Slander
Slander
C.
An innuendo
An innuendo
D.
All of the above
All of the above
Ans:
C
C
5.
A news article was plublished in Dainik Navjyoti that Manjulata had run away
with a boy named Kamlesh after she went out of her house on the pretext of
attending night classes. The news item was untrue and was published
negligently. Does this amount to defamation?
A news article was plublished in Dainik Navjyoti that Manjulata had run away
with a boy named Kamlesh after she went out of her house on the pretext of
attending night classes. The news item was untrue and was published
negligently. Does this amount to defamation?
A.
Yes
Yes
B.
No
No
Ans:
A
A
6.
In the eyes of law, husband and wife are one person and the communication of a
defamatory matter from the husband to the wife or vice versa is not
publication.
In the eyes of law, husband and wife are one person and the communication of a
defamatory matter from the husband to the wife or vice versa is not
publication.
A.
True
True
B.
False
False
Ans:
A
A
7.
Defences to defamation are:
Defences to defamation are:
A.
Truth
Truth
B.
Fair comment
Fair comment
C.
Privileged information
Privileged information
D.
All of the above
All of the above
Ans:
D
D
8.
A speech made during parliamentary proceedings or in state legislature and
publication of the same, has the constitutional protection as the constitution
grouts privilege to any such speech.
A speech made during parliamentary proceedings or in state legislature and
publication of the same, has the constitutional protection as the constitution
grouts privilege to any such speech.
A.
True
True
B.
False
False
Ans:
A
A
9.
Action for defamation lies against any person involved in judicial proceedings.
Action for defamation lies against any person involved in judicial proceedings.
A.
True
True
B.
False
False
Ans:
B
B
10. Military, naval and state communication is
not privileged
not privileged
A.
True
True
B.
False
False
Ans:
B
B
