Defamation

Defamation is a statement which injures the reputation of a person. If any

person harms the reputation of another person, such a task is done at the own
risk of the person defaming the other and he/she is liable to face the
consequences arising out of it. The reputation of a human being is a highly
valuable property, and each person has a right to protect the same. This right is
widely acknowledged as a jus in rem i.e., a right enforceable against those who
violate such right of a person. Defamation is either a written statement (Libel) or
in spoken/ oral form (Slander).

Defamation Law in India:

Article 19 of the Constitution grants various freedoms to its citizens. However,
Article 19(2) has imposed reasonable exemption to freedom of speech and
expression granted under Article 19(1) (a). Contempt of court, defamation and
incitement to an offence are some exceptions.

Defamation is an offence under both the civil and criminal law. In civil law,
defamation is punishable under the Law of Torts by imposing punishment in the
form of damages to be awarded to the claimant. Under the Criminal law,
Defamation is a bailable, non-cognizable offence and compoundable offence.
Hence a policeman may arrest only with an arrest warrant issued by a
magistrate. The Indian Penal Code punishes the offence with a simple
imprisonment up to two years, or with fine, or both.

Civil Defamation:
The statements made need to be false and it must be made without the consent
of the alleged defamed person. Monetary compensation can be claimed from the
defendant for defamation. There are certain requirements for successful
defamation suit. They are:

 The presence of a defamatory statement is required. Defamatory content

is one calculated to injure the reputation of a person or a class of persons
by exposing them to hatred, contempt or ridicule. The test whether it
damages reputation has to be calculated from the eyes of a common man
and his comprehension of the matter.

 Secondly, the statements must purport to a person or a class of persons.

General statements like all “politicians are corrupt” is too broad and no
 specific politician can gain compensation for the same.

 It must be published either in oral or written form. Unless the content is

made available to a third person, there can be no defamation. Where a
letter is sent in a language unknown to the recipient, he needs a third
person to read to it him. If any defaming statement is made in it, it will
constitute defamation even if it was sent as a private letter, since the aid
of a third person was needed to read it.

Once all these conditions are satisfied, a successful defamation suit

subsists. The defendant can plead defenses that:

1. The statement published was true,

2. Fair comments made with public interest based on true incidents,

3. Certain persons are vested with the privilege to make statements even if
they are defamatory,

Example judicial proceedings and members of parliament. If the defendant fails

to substantiate his act, the suit is successful.

Criminal Defamation:
It is nothing but a defamation for which simple imprisonment may be awarded.
Under a criminal suit, intention to defame is necessary. The allegation should be
made with malice intent to defame another or at least the knowledge that the
publication is likely to defame another is essential. It has to be proved beyond
reasonable doubt that the act was being done to lower the reputation of another.

Section 499 of the Indian Penal Code, 1860 defines what is defamation and its
exceptions. Words or signs imputed intending to harm or with the knowledge
that such imputation will cause harm. It may amount to defamation if anything
is imputed against a deceased person, if such imputation would harm the
reputation had the person been alive. The class of persons shall include company
or associations. It is no defamation unless the alleged defamatory statement
either directly or indirectly lowers the moral or intellectual character or his
respect of his caste or his calling in the estimation of others.

You
Elements of Defamation

1. Statement Made: Defamation can occur through spoken or written

words, signs, or visible representations. For instance, if someone falsely
accuses another person of theft, it constitutes defamation.

2. Reference to Plaintiff: Defamatory statements must directly or

indirectly refer to the plaintiff. Even if not mentioned by name, if the
plaintiff can be recognized, it counts as defamation.

3. Defamatory Nature: Any statement that damages a person's reputation,

leading others to view them negatively, qualifies as defamation. This
includes abusive language or false accusations that provoke feelings of
hatred, ridicule, fear, or dislike.

4. Intention of the Wrongdoer: The person making the defamatory

statement must know it could harm the plaintiff's reputation and still
proceed with it.

5. Falsity: Defamatory statements must be false; truth is a defense against

defamation. The law protects those who speak the truth, even if it's
unpleasant.

6. Privilege: Some statements are privileged, meaning the speaker is

protected from liability. This could include statements made in certain
official capacities or contexts.

7. Publication: Defamation requires the statement to be communicated to a

third party. Private communications, like personal diaries or messages,
generally don't count unless the sender knows they'll be seen by others.

8. Belief in Truth: For defamation to occur, others must believe the

defamatory statement to be true. If society accepts the false statement
about the plaintiff, it contributes to defamation.

9. Injury: The defamatory statement must cause harm or injury to the

plaintiff, such as loss of job or damage to reputation. The consequences of
the statement's impact on the plaintiff are crucial in determining
defamation.

Defamation VS. Freedom of Speech

The question that arises is whether liability arising out of defamation is a
violation of the right to freedom of speech and expression. As we know that
there is no specific fundamental right to privacy, the judicial interpretation
includes it as a dimension of the right to life and liberty guaranteed under
Article 21 of the Constitution. So the right to reputation also comes in the
ambit of Article 21.

In the case of Subramanian Swamy v. Union of India, a petition regarding

the decriminalization of defamation was filed. The petition challenged the
constitutional validity of Section 499 and 500 of the Indian Penal Code, 1860
is an unreasonable restriction on the freedom of speech and expression. The
apex court held that criminal defamation under Section 499 and 500 did not
violate Art. 19(1)(a) as it is a reasonable restriction under Art. 19(2). The
term „defamation‟ in Art. 19(2) includes both civil and criminal defamation.
Section 499 and 500 IPC was held to be non-discriminatory and non-
arbitrary and not violative of the right to equality guaranteed under Art. 14
of the Constitution. While in a democracy an individual has a right to criticize
and dissent, but his right under Art. 19(1)(a) is not absolute and he cannot
defame another person as that would offend the victim‟s fundamental right
to reputation which is an integral part of Art. 21 of the Constitution.

In Shreya Singhal v. Union of India, the petitioners challenged the validity of

Section 66A of the Information Technology Act (ITA) contending that it was
not a reasonable restriction on the freedom of speech and expression
guaranteed under Art. 19(1)(a) of the Constitution. They argued that the
impugned section was unconstitutional because it provided protection against
annoyance, inconvenience, insult, injury, or criminal intimidation which is not
covered in Art. 19(2). The court found section 66A of (ITA) to be vague and
invalidated it on the ground of being violative of the right to freedom of
speech and expression.

Libel and Slander

Libel and Slander are types of defamation, where untrue statements are made
that damage someone‟s reputation. The key difference lies in the
medium: libel refers to written or published defamation, such as in newspapers,
magazines, or online posts, while slander is spoken defamation, typically
conveyed through speech, gestures, or broadcast media. Both can have serious
legal consequences, but the distinction in the medium is crucial in determining
the appropriate legal recourse.

What is Libel?

When a false assertion is published in writing of any kind, it is called libel. Print,
written, graphic, and digital communications, including books, magazines,
newspapers, and newsletters, can all fall under this category. Websites for social
media blogs. It is libelous if the false assertion is represented in print or digitally.
To establish libel, a plaintiff needs to demonstrate: that an incorrect statement
was written, the statement was disseminated to third parties by publication or
other means, the defendant was at fault (due to carelessness or deliberate
maliciousness), and the plaintiff suffered consequences including damage to
their reputation, financial loss, disdain, scorn, public hostility, ridicule, or
humiliation.

Key Features of Libel:

 Defamatory remarks that are printed or broadcast fall under the category
of libel.

 A defamed party may file a lawsuit for damages under common law libel.

 Libel allegations may not apply to remarks that are truthful, pure, or
critical of public figures.

 Along with obscenity and harsh language, libel was historically seen as a
form of unprotected speech beyond the purview of First Amendment rights
in the United States.

What is Slander?

A false statement said aloud that damages someone‟s reputation is called

slander, which is a kind of defamation. This used to include making up anything
in public, such as during a business conference or town hall meeting.
Nevertheless, as technology has advanced, it has become increasingly difficult to
distinguish between libel and slander. Podcasts are digitally published voice
utterances, for example, but text messages might be seen as more defamatory
than comments on social media since they seem more like phone conversations;
i.e., they could be considered libel.

Key Features of Slander:

 False remarks made by one party against another are referred to in law as
slander.

 It is a type of transitory defamation when the communication is done

verbally to a third party.

 Legal action against the slanderer is an option for the target of

defamatory words.

 It can be difficult to prove slander since the complainant has to

demonstrate that the slanderer acted maliciously and knew their
statements were untrue.

Difference between Libel and Slander

Basis Libel Slander

Defaming (sending a false

The spread of a false
message that harms the
assertion in written or visual
reputation) of a person,
form that harms the
business, product,
Meaning reputation of an individual,
organization, government,
group, service, nation,
religion, or country by
governmental entity, religion,
spoken words or nonverbal
or community.
cues.

Tangible, because it involves Intangible, because it

a permanent record, such as involves spoken words or
written or visual nonverbal cues that may not
Type
communication that can be leave a permanent record
preserved and referred to and are more fleeting in
later. nature.

In English law, the In English law, on the

Burden of
defendant; in American law, defendant; in American law,
Proof
the plaintiff. on the plaintiff.

A false statement that the A false statement that the

speaker knew or should have speaker knew or should have
Cause for known to be false that is known to be false that is
Action disclosed to a third party and disclosed to a third party and
harms the subject of the harms the subject of the
communication. communication.

Usually amicable and

financial. It is illegal to Usually amicable and
Punishment
criticize public leaders in a financial.
seditious manner.

Plaintiffs alleging slander

Special Doesn‟t require the plaintiff
have to show special
Damages to prove special damages.
damages.
Basis Libel Slander

Example New York Times vs. Sullivan Food Label Law

CASE LAWS

 Mahendra Ram Vs. Harnandan Prasad: A letter written in Urdu was

sent to the plaintiff. Therefore he needed another person to read it to him.
It was held that since the defendant knew the plaintiff does not know
Urdu and he needs assistance, the act of defendant amounted to
defamation.

 Ram Jethmalani Vs. Subramanian Swamy: The court held Dr.Swamy

for defaming Ram Jetmalani by saying that he received money from a
banned organization to protect the then Chief Minister if Tamil Nadu from
the case of assassination of Rajiv Gandhi.

 Arun Jaitley Vs. Arvind Kejriwal: The court held that statements made
by Arvind Kejrival and his five other leaders to be defamatory. The matter
was sort out when all the defendants apologized for their actions.

 Ramdhara Vs. Phulwatibai: - The plaintiff, a widow of 45 years was

imputed that she is a keep of the maternal uncle of the plaintiff's daughter
in law. The court held that more than vulgar abuse it was an imputation
up on her chastity and hence it constitutes defamation.