The Concept Of Defamation and Its Types | Civil Law for Judiciary Exams PDF Download

The Concept of Defamation

• Defamation refers to an oral or written statement that harms another person's reputation.
• Libel and slander are two types of defamation:
  • Libel: Written and published statements.
  • Slander: Spoken statements that lead to a loss of reputation.
• Libel is actionable both as a tort and a criminal offense, while slander is a civil injury.

Elements to Prove Defamation

• The statement must be made, either in writing, verbally, or through visible representation.
• The statement must directly refer to the person claiming defamation.
• The statement should be defamatory, diminishing others' good opinion of the person.
• The statement must be false, as truth is a defense against defamation.
• The statement must be published, causing actual loss of reputation.

The Defenses Available Against Defamation

1. If the Spoken Words are Truth: If a statement is true, it serves as an absolute defense against defamation. The burden of proof lies with the defendant to prove otherwise.
2. Fair and Bonafide Comment: A statement that is fair and serves the public's best interest is not considered defamatory.
3. Absolute Privilege: Privileged communication, such as that between a husband and wife or within certain official positions, is protected from defamation claims.

• Example: In the case of T.J Ponnen vs M. C Verghese, the court ruled that communication between spouses is not defamatory.
• Example: Chatterson vs Secretary of the State established that certain official positions, like parliamentary secretary, are also protected.

Exemptions from Defamatory Statements

There are situations where statements are exempt from being considered defamatory:

• During judicial proceedings.
• By government officials.
• By legislators during parliamentary debates.
• During political speeches in parliamentary proceedings.
• Communication between spouses.

Considerations for Determining Compensation

When deciding on the amount of compensation in defamation cases, the court considers various factors:

• The conduct of the plaintiff.
• The absence or refusal of retraction or apology by the defendant.
• The defendant's conduct from the date of publication to the decree.
• The defendant's social standing.
• The nature of the libelous statement.

Conclusion

In conclusion, the defamation law serves as a crucial mechanism to safeguard individuals' reputations from false and misleading statements. When determining the amount of compensation, the court considers various factors such as the plaintiff's conduct, the presence or absence of a retraction or apology for the libel, the plaintiff's societal standing, and the nature of the libel. These considerations play a significant role in shaping the court's decision on the appropriate compensation in defamation cases.