Concept of Defamation under Law of Torts | Civil Law for Judiciary Exams PDF Download

Defamation under Law of Torts

Defamation under the Law of Torts involves tarnishing someone's reputation. It is defined under Section 499 of the Indian Penal Code (IPC) 1860. When a person makes or publishes any imputation concerning another person with the intent to harm or knowing that it could harm, it constitutes defamation.

Types of Defamation

• Libel: A defamatory statement published in written form falls under libel. Two conditions must be met: the defendant published the statement about the plaintiff, and other people were exposed to it.
• Slander: Refers to defamatory statements in spoken form. It can be challenging to prove. There are two types: slander where the plaintiff must prove the statement was heard by another person causing special damage, and slander per se which is inherently damaging to the plaintiff.

Essentials of Defamation

• The statement must be published and should lower the reputation of the person in society.
• The statement must refer to the plaintiff directly for liability to apply.
• The defamatory statement must be known to others besides the plaintiff and defendant to constitute defamation.

Examples and Court Cases

• In the case of Ram Jethmalani v. Subramaniam Swamy, a statement made in a press conference was found defamatory as it lowered the reputation of the plaintiff.
• In Newstead v. London Express Newspaper Ltd., a newspaper article led to defamation as it was understood to refer to the plaintiff.
• In Mahender Ram v. Harnandan Prasad, a defamatory letter written in Urdu script was considered defamation as the defendant was aware the plaintiff did not understand Urdu.

Defenses available in Defamation under the Law of Torts

• Justification of Truth: In the context of defamation under civil law, proving that a statement is true serves as a defense. It's essential to demonstrate that the statement made is factually accurate. For instance, if an individual is accused of theft and it can be proven with substantial evidence that the accusation is true, this could be a defense against defamation.
• Fair Comment: This defense involves expressing an opinion rather than stating a fact. The comment must be fair, without malice, and should relate to a matter of public interest. For example, providing a critical review of a public figure's performance in office would typically fall under fair comment.
• Privilege: In certain circumstances where freedom of speech is paramount, the law recognizes privileged occasions. There are two types of privilege:
  (i) Absolute Privilege: This type of privilege offers complete immunity against defamation claims, even if the statement is false or made maliciously. Instances where absolute privilege applies include parliamentary proceedings, judicial communications, and state communications.
  (ii) Qualified Privilege: This privilege requires that the statement is made without malice and on a necessary occasion. The defendant must prove that the statement was made fairly on a privileged occasion. An example of qualified privilege could be a reference given by an employer about a former employee's performance, as long as it is done without malice and with fairness.