INTRODUCTION
Defamation is making a statement that injures someone’s reputation. It is the act of saying false things in order to make people have a bad opinion of that person. It is a wrong done by a person to another about their reputation by words, written or spoken, sign or gesture or by other visible representation. Generally every person has a right to freedom of speech or expression and another is right to protect their good name. To make a balance between right to freedom of speech and right to protect our identity, law of defamation was introduced. The law has imposed a general duty on all persons to refrain from making false, defamatory statements of fact about others.
DEFINITION
According to Dr. Winfield, Defamation is 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.
According to Salmond, The wrong of defamation consist in the publication of a false and defamatory statement respecting another person without lawful justification or excuse.
DEFAMATION IN IPC
Defamation can be a Civil Charge Or a Criminal Charge under Section 499 and 500 of India Penal Code.
Section 499 defines the defamation whereas section 500 is about the punishment for defamation.
Section 499 of IPC –Whoever by words either spoken or intended to be read, or by signs or gesture, makes or publishes any imputation concerning any person intended to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person is said to defame that person.
Section 500 of IPC – Whoever defames another shall be punished with simple imprisonment for a term which may extend to 2 years or with fine or both.
DEFAMATION IN TORTS
Defamation is of two types – Libel and Slander
Libel is a representation made in a permanent form like writing, movie, picture, etc.
Slander is making a statement in oral way by some spoken words or gesture.
ESSENTIAL OF DEFAMATION
1. Statement of a fact –A statement must be true and a statement of fact. It must not be a statement of opinion.
2. Publication Required - Defamatory statement must be commuicated to a person other than defamed party i.e. third party.
3. The statement must be defamatory and false.
4. The statement must refer to the plaintiff.
5. Statement must cause serious harm – either on reputation or financial loss.
DEFENSE AVAILABLE
• Justification of Truth –Truth is most important defence or justification for defamation. Because only false statement against a person constitute defamation.
• Fair and bonafide comment –Comment or a statement must be for bonafide of public interest
1. The statement must be a statement of fact
2. The statement must be a matter of public interest
3. Statement must be fair and honest.
• Privileged Statement –Statement made during the special occasions like in judicial proceedings, in debate or in Parliament when the law recognize free speech, Defamation and defamatory statements made on such occasion is mot actionable.
• Apology – The person who made a defamatory statement, later, issues an apology, the defamed person must accept the apology.
EXCEPTIONS
1. Truth for the Public Good – A statement made with an intention of the public good, will not amount to defamation.
2. Public conduct of public servants.–Opinion expressed in honest manner doesn’t amount to defamation.
3. Conduct of any person touching any public question
4. Publication of reports of proceedings of courts.
5. Merits of case decided in Court or conduct of witnesses and others concerned.
6. Merits of public performance
7. Censure passed in good faith by person having lawful authority over another.
8. Accusation preferred in good faith to authorised person
9. Imputation made in good faith by person for protection of his or other’s interests
10. Caution intended for good of person to whom conveyed or for public good.
CASE LAWS
• G Narasimham v. TV Chokkappa
• SubramaniamSwamy v. Union of India
• Google India Pvt Ltd. V. Visakha Industries
• KanwalLal v. the State of Punjab