R. Ramya
DEFAMATION:
Defamation is an act of uttering false statements in order to injure someone’s reputation. It is a wrong which lowers the reputation of another by words, written or spoken, sign or other visible representations. In short, it protects the balance between the right to freedom of speech and expression and right to reputation.
FORMS OF DEFAMATION:
1.Civil wrong under “Law of Torts”
2.Criminal wrong under sections 499 and 500 of the Indian Penal Code, 1860
DEFINITION OF DEFAMATION UNDER TORT LAW:
Dr.Winfield defines defamation as 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 shun or avoid that person.
TYPES OF DEFAMATION:
It is of two kinds; They are
1.Libel
2.Slander
1.Libel – It is a representation made in permanent form like writing, moving, picture etc.
Example – X printed some advertisement stating Y a rapist who was originally not. This representation is in permanent form.
2.Slander – It is a statement which is made by spoken words or gestures.
Example – ‘A’ in a public meeting addresses ‘B’ as corrupted.
ESSENTIALS OF DEFAMATION:
To establish defamation, a plaintiff normally must prove the following;
Statement of fact
Requirement of publication
The statement must be defamatory and false
The statement must be made by the plaintiff
The statement must cause serious harm and injury which is either on reputation or financial loss.
The following are the defenses taken in an action for defamation:
Justification of truth
Fair and Bonafide comment
Privileged statement
Apology
INNUENDO:
Sometimes it may happen that the statement was prima facie innocent at first instance but because of some secondary meeting, it is considered to be defamatory. For this secondary instance the plaintiff must prove the secondary meaning i.e. innuendo which makes the statement defamatory.
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