Study Material

Law of Torts

To Get Free Notes and Previous Year Papers

• WhatsApp us: 8337828246
• Email us: krklawclasses@gmail.com
 DEFAMATION
Meaning
Defamation can be defined as an injury to the reputation of a person.
Winfield: Defamation as “publication of statement which tends to lower a
person in the estimation of right-thinking members of society generally or
which makes them shun or avoid that person.”
In Dixon v. Holden it was said “A man's reputation is considered to be a
property and, in some cases, more important than property.”
Defamation is both civil and criminal wrong. A person can simultaneously
institute civil proceedings and criminal proceedings.
English law divides actions for defamation into two categories
 Libel
 Slander
Libel: It is a publication of defamatory statement in some permanent form. For
example, writing, printing, picture etc.
Slander. It is a publication of defamatory statement in some transient form. For
example, words spoken or gestures.
Test which has been suggested for distinguishing libel and slander is that libel is
addressed to the eye, slander to the ear.
In English law, the distinction is material for two reasons:
 Slander is only a civil wrong whereas a libel is both a crime and a tort.
 Slander is actionable, save in exceptional cases, only on proof of special
damage. Libel is actionable per se.
As far as Indian position is concerned there is no such categorization in India.
Both libel and slander are offences under Section 499 of Indian Penal Code.
Essentials of defamation
 The statement must be false and defamatory.
 The statement must refer to plaintiff.
 The statement must be published.
What is a defamatory statement?
The statement is said to be defamatory when it tends to injure the reputation of
the plaintiff. It exposes the plaintiff to ridicule, hatred, contempt or causes him
to be shunned or avoided by his neighbours or people of the society.
Such defamatory statement must be false. An action will not be maintainable for
true statements.
Whether the statement is defamatory or not depends on how the right-thinking
members of society are likely to take it.
In S.N.M. Abdi v. Prafulla K. Mohanta, an article published in the illustrated
weekly of India made certain allegations of misuse of man and muscle power by
deposed Chief Minister of Assam, Prafulla Kumar Mohanta. The article was
held to be defamatory in nature and the plaintiff was awarded damages of Rs. 5
Lakhs.
In D.P. Chaudhary v. Manjulata, there was a news item that Manujlata ran
away with a boy at night. The news was false and without any justification. The
news affected her marriage prospects and she was ridiculed in the society. The
defendants were held liable for the statements.
Innuendo:
Innuendo is a statement which is prima facie innocent but it has latent or
secondary meaning which is defamatory. Therefore, these words are not
defamatory in the ordinary sense but they convey a different meaning because
of peculiar or special circumstances.
Intention to defame is not necessary. When the statements are defamatory the
question of motive of intention is irrelevant. The fact that the person making the
statement believed to be innocent is no defence.
In Cassidy v. Daily Mirror Newspaper Ltd., Mr. Cassidy did not live with his
lawful wife and occasionally visited her. The newspaper published a photograph
of Mr. Cassidy and wrote that engagement of Mr. Cassidy has been fixed with
Miss X. Mrs. Cassidy sued the newspaper alleging that innuendo was that Mr.
Cassidy was not her husband and he lived with her in illegal cohabitation. The
court held that innuendo was established and innocence of defendant was no
excuse.
Defamatory words must refer to plaintiff
The plaintiff has to prove that the defamatory words were referred to him. If the
publication of defamatory statement refers to plaintiff then the defendant is
made liable.
In Hulton & Co. v. Jones (1910), the defendants, newspaper proprietors,
published a fictional article in their newspaper by which imputations were cast
on the morals of a fictitious person, Artemus Jones. A real person of the same
name, i.e., Artemus Jones, brought an action for libel. His friends, who read that
article, swore that they believed that the article referred to him. The defendants
were held liable.
 Defamation of class of persons: Defamation of a class of persons is no
defamation. Defamation is an injury to the reputation of an individual.
Therefore, if a person says 'All lawyers are thieves' then no individual
lawyer can sue him.
 Defamation of deceased: Defamation of a dead person is no tort.
Although, under criminal law it would amount to defamation.

Defamatory words must be published

Publication means making defamatory statement known to persons other than
the person defamed. Communication of defamatory statements to plaintiff alone
is not sufficient.
If a third person wrongfully reads the letter meant for plaintiff and gets to know
the defamatory statements then it is no publication in eyes of law. [Huth v.
Huth) But in case the defamatory letter is likely to be read by someone else then
it will amount to publication.
Following defences are available to the defendant-
1. Justification or truth
2. Fair comment
3. Privilege
 Absolute
 Qualified

1. Justification of truth
If the defendant is able to prove that the statements made by him were true then
it will be a complete defence. Even though the publication was made
maliciously, if the truth is proved it will serve as complete defence.

2. Fair comment
Fair comment means to critically analyze the facts. It is appreciation of facts. To
be 'fair' the analysis of facts must be honest and relevant. It must also be made
in public interest.
It is basically expression of honest and relevant opinion of certain existing facts.
If 'A' says "Z's book is foolish he must be a weak man'. It is a fair comment. On
the other hand, if 'A' says 'I am not surprised that Z's book is foolish because he
is a weak man'. This statement is not fair comment.

3. Privilege
It is a situation where the law recognizes the freedom of speech and it is kept
above the person's reputation. In such situations defamatory statements made
are not punishable. Privilege may be
 Absolute privilege
It is recognized in 'Parliamentary proceedings', 'Judicial proceedings', 'Military
proceedings' etc. In such situation no action lies for defamation even though the
statement is made maliciously. Articles 105 and 194 of the Constitution of India
provides for absolute privilege in case of Parliamentary and State Legislative
proceedings respectively.
 Qualified Privilege
There are two requirements of quailed privilege-
1. The statements must have been made without malice.
2. There must be occasion for making the statement.
In Adam v. Ward, it was held that a privileged occasion is an occasion where
the person who makes a communication has an interest or duty to make such
statement and the person to whom it is made has a corresponding interest to
receive. The reciprocity is essential.

Note: KRK Law Classes is well known YouTube Channel specifically focusing to
help the aspirants appearing in Judiciary/CLAT/APO/Law Entrance Exams etc. To
get the study materials, previous year SOLVED question papers of PRE as well
as MAINS exam the aspirants can reach us via call or email as shared in the
PDF file.

Social Media hyperlinks for all out accounts:

Follow on Instagram Page: KRK Law Classes

Join Telegram Page: KRK Law Classes
Follow our Facebook Page: KRK Law Classes
Join our WhatsApp Group: KRK Law Classes
Click here to view our YouTube Channel