LAW OF TORTS

(PROJECT REPORT)

TOPIC: DEFAMATION

SUBMITTED TO : SUBMITTED BY:

Anukriti Bisht
LLB
Roll No. 35/22
Semester 1st
 ACKNOWLEDGEMENT

In the accomplishment of this project successfully, many people have

best owned upon me their blessings and the heart pledged support, this
time I am utilizing to thank all the people who have been concerned with
this project.

Primarily I would thank god for being able to complete this project with
success. Then I would like to pay my sincere gratitude to my teacher
DEPARTMENT OF LAWS, Panjab University, Chandigarh , whose
guidance has been the ones that helped me patch this project and make it
full proof success. Her suggestions and instructions have served as the
major contributor towards the completion of the project.

Then I would like to thank my parents, my family and friends for always
motivating me to give the best.

ANUKRITI BISHT
LLB
ROLL NO. 35/22
SEMESTER 1st
 TABLE OF CONTENTS

1. Introduction
2. Criminal and Civil Defamation
3. Types of Defamation
4. Essentials of Defamation
5. Defence available
6. Conclusion
7. Bibliography
 INTRODUCTION

Meaning

Defamation is injury to the reputation of a person. If a person injures

the reputation of another he does so at his own risk, as in the case of
an interference with the property. A man’s reputation is his property,
and if possible, more valuable, than other property. Any intentional
false communication, either written or spoken, that harms a person's
reputation; decreases the respect, regard, or confidence in which a
person is held; or induces disparaging, hostile, or disagreeable
opinions or feelings against a person, is called defamation.

An accused individual must have created or disseminated

defamatory content for an offence to be proven. While ‘creating’
typically refers to authorship, someone who intentionally or
knowingly duplicates or copies defamatory content (with intent, for
example) may also be held accountable. A person who is not the
author or publisher can claim that the defamatory text was
distributed accidentally if intent cannot be shown. The purpose of
defamation law is to safeguard a person’s interest in their
reputation. However, it has been significantly changed to ensure
that public figures cannot use defamatory activities to avoid being
held accountable for their actions and public responsibilities.
According to Winfield :

"Defamation is the publication of statement which tends to lower a

person in the estimation of right thinking members of society
generally or which tends to make them shun or avoid that person. "

According to Salmond:
“The wrong of defamation lies in the publication of a false and
defamatory statement about another person without lawful
justification.”

According to Pollock:
“It is publication without justification or lawful excuse which is
calculated to injure the reputation of another by exposing him to
hater, contempt & ridicule”

Every man is entitled to reputation. Jurist Blackstone has added to

this proposition and indited that:
Every man is entitled to have his reputation preserved inviolate.
Defamation is injury to the reputation of a person. If a person
injuries the reputation of another, he does so at his own risk, as in
the case of interference with the property. Reputation is more
valuable to everyone than any other property. The word defamation
is driven from Latin word Diffamare which means Spreading evil
report about someone.
Criminal and Civil Defamation–

Criminal Defamation: Criminal defamation is the act of offending or

defaming a person by committing a crime or offence. For criminal
defamations, you could always get the liable person or party
prosecuted. It is studied in IPC as a criminal act.

Civil Defamation: Civil defamation involves no criminal offence,

but on account of this kind of defamation, you could sue the person
to get a legal compensation for your defamation. It is studied under
law of torts i.e. as a civil wrong.

Defamation is Civil as well as Criminal wrong. On the part of its

criminal wrong it is dealt with the provisions mentioned in IPC
under S.499 to 502. However, defamation as a Civil Wrong is
covered under Law of Torts. It is purely based on precedential
developments, i.e. through decisions pronounced by Courts. Rules
and principles of liability that are applied by our courts are mostly
those borrowed from common law.
Types Of Defamation

Defamation can be done in 2 ways i.e.; through speech and writing. The
former is described as SLANDER and the latter is LIBEL. Libel is
representation made in some permanent form; it can be through writing,
printing, picture, effigy or statute. Slander is the publication of a defamatory
statement in a transient form; it can be through spoken words or gestures.
Section 1 of Defamation Act, 1952 provides that broadcasting of words by
means of wireless telegraphy shall be treated as publication in permanent
form. It can also be seen that libel is addressed to the eye and slander is to
ears.
There is distinction between the two concepts and it can be understood
through the following:

LIBEL SLANDER
Libel is defamation in some permanent Slander defamation in transient form
form e.g. a written or printed form e.g. spoken words or gestures.
At Common Law, a libel is a Criminal At Common Law, a slander is a Civil
offence as well as Civil wrong. Under Wrong only.
Indian Law both libel and slander are
criminal offences.
A libel is by itself an infringement of a At Common Law, a slander is
right and no actual damage need to be actionable only when special damage
proved in order to sustain an action in can be proved to have been its natural
the Court of Law. consequences or when in conveys
certain imputation.
A libel conduces to a breach of peace. A slander does not conduce to a breach
of peace. However, Indian legal Page 8
of 23 systems does not recognize this
distinction.
The actual publisher of libel may be an In every case of publication of slander,
innocent person and therefore not the publisher acts consciously and
liable. voluntarily, and must necessarily guilty.
Libel shows a greater deliberation and Slander may be uttering or words in the
raises a suggestion of malice. heat of moments and under a sudden
provocation.
Essentials Of Defamation
Defamation as a civil wrong requires certain essential conditions
which are to be fulfilled. They are:
1.The statement must be defamatory
2.The particular statement must refer to the plaintiff.
3.The statement must be published i.e., to say it must be
communicated to some person other than the plaintiff.

The statement must be defamatory:

Defamatory statement is one which tends to injure the reputation of the

plaintiff. It is the publication of a statement which tends to lower a person
in the estimation of right thinking members of society. The statement could
be made in different ways; it can be oral, written, printed, statute or by
some other conduct. When the statement causes any one to be regarded
with feelings of hatred, contempt, fear, dislike then it is defamatory.
In Ram Jethmalani vs. Subramaniam Swamy examination of facts and
circumstances relating to assassination of Late Rajiv Gandhi was
discussed. The defendant passed certain unrelated statement towards the
plaintiff, where they are held to be ex facie defamatory. Actual malice on
the part of defendant was well established. And considering the points
Delhi High Court awarded damages of Rs. 5 Lacs.

THE INNUENDO
Sometimes the statement may be prima facie innocent but because of
some latent or secondary meaning may be considered to be defamatory.
When the natural and ordinary meaning is not defamatory but the
plaintiff wants to bring an action of defamation, he must prove the latent
or secondary meaning i.e.,Innuen do which makes the statement
defamatory. for e.g., the statement that a lady has given birth to a child is
defamatory when the lady is unmarried.
The statement must refer to the plaintiff :
In an action for defamation, the plaintiff has power to prove that the
statement of which he is complaining refers to him. It is immaterial that
the defendant did not intend to defame the plaintiff. If the person to whom
the statement was published could reasonably infer that the statement
made referred to him then the defendant is nevertheless liable.

In Newstead vs. London Express Newspapers Ltd. the defendants

published an article stating that Harold Newstead, a Camberwell man had
been convicted of bigamy. The story was true. The action for defamation
was brought by another Harold Newstead, a Camberwell barber. As the
words were considered to be understood as referring to the plaintiff, the
defendants were held liable.

Defamation Of A Class Of Persons

When the words refer to a group of individuals or a class of persons, no
member of that group or class can sue unless he can prove that the words
could be reasonably be considered to be referring to him. Thus, if a man
wrote that all lawyers were thieves, no particular lawyer could sue him
unless there was something to point to the particular individual.
Defamation Of The Deceased
Defaming a deceased person is no tort. Under Criminal Law, it may amount
to defamation to impute anything to a deceased person if the imputation
would harm the reputation of that person, if living and is intended to be
hurtful to the feelings of his family or other near relatives.

The statement must be published:

Publication means making the defamatory matter known to some person
other than the person defamed. And unless this is done no civil action for
defamation can be said to be done. In Mahendra Ram vs. Harnandan
Prasad , it was mentioned that sending the defamatory letter to the plaintiff
in a language supposed to be known to the plaintiff is no defamation.
DEFENCES AVAILABLE:

There are three defences of defamation namely –

1. Justification or truth
Under criminal law, merely proving that the statement was true is no
defence but in civil law merely showing truth is a good defence. In
Alexander v. N.E. Rly, the plaintiff had been convicted of riding a train
from Leeds without having purchased a valid ticket. The penalty was a
fine and a period of imprisonment of fourteen days if he defaulted on the
fine. However, following the conviction, the defendant published a notice
that the plaintiff was convicted and issued a fine or three weeks
imprisonment if in default. The plaintiff alleged that the defendant had
committed libel by describing the penalty issued to him inaccurately. The
defendants argued that the conviction was described with substantial and
sufficient accuracy and the words so far as they differed in their literal
meaning from the words of the conviction were not libellous.
Judgment was given in favour of the defendants. The gist of the libel was
that the plaintiff was sentenced to pay a sum of money and, in default of
payment, to be imprisoned. Blackburn J noted that the substance of the
libel was true but the question was whether what was stated inaccurately
was the gist of the libel.

2. Fair Comment
• The comment must be an expression of opinion rather than assertion of
fact.
• The comment must be fair i.e. without malice.
• The matter commented upon must be of public interest.

3. Privilege
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’. These are further of two types –
• 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 fairly.
 Conclusion

“Balance between one person’s right to freedom of speech and

another’s right to protect their good name.”

Any intentional false communication, either written or spoken ,

that harms a persons reputation decreases the respect, regard or
confidence in which a person is held; or induces disparaging,
hostile or disagreeable opinions or feelings against a person is
known as defamation. Defamation is tort resulting from an injury
to ones reputation. It is the act of harming the reputation of
another by making a false statement to third person. Defamation
is an invasion of the interest in reputation. The law of defamation
is supposed to protect people’s reputation from unfair attack. In
practice its main effect is to hinder free speech and protect
powerful people from scrutiny. Defamation law allows people to
sue those who say or publish false and malicious comments.
 BIBLIOGRAPHY

• Law of Torts ~ Dr. R.K Bangia

• The Law of Torts ~ W.V.H. Rogers
• https://en.wikipedia.org/wiki/
• https://indiankanoon.org/
• https://ili.ac.in