For a man of honour, defamation is worse than death.”
-Bhagawad Gita
Every human being has the right to have his reputation preserved. Defamation is nothing but a right against all the world.According to the Constitution of India, the fundamental right to free speech (Article 19) is subject to reasonable restrictions. If the reasonable restrictions are hindered, then the state comes for your rescue. Now, what is the definition of Defamation in India? What are the types of defamation prevalent? What criteria are to be satisfied for an action to be defamatory? What are the defences allowed (if any)? What are the prescribed punishments for this under law ? Of course, these are the FAQs that will be dealt with and answered through this blog.
Explanation of the term ‘Defamation’ :
According to Section 499 of the IPC, the definition of ‘defamation’ goes like:
Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in certain cases, to defame that person.
What are the different types of ‘Defamation’?:
1. Libel
Libel is in some permanent form(written or printed).
2. Slander
Slander is in a transient form (spoken or gesture).
Then what is the difference between these two?
1. A slander may be uttered in the heat of the moment and under sudden provocation. But Libel is not so.
2. A Libel conduces to a breach of peace but a slander does not.
Libel is both civil and criminal offence and slander is only civil wrong. In English law slander is no offence.
NOTE: In India both are offences.
What are the criteria to be satisfied for an action to be labelled as defamation?
1. THE WORDS MUST BE DEFAMATORY.
The words, said or written or meaning depicted from gestures must be such that it should lower the dignity of a person.
2. THE SAID WORDS MUST REFER TO THE PLAINTIFF.
The plaintiff has to prove that the said words referred to him ONLY.
3. THEY MUST BE PUBLISHED.
Publication means making the defamatory matters known to some person other than the person defamed.
NOTE: Communication to the plaintiff himself is not enough because it is not injury to reputation.
4. WORDS MUST BE FALSE.
The defamatory statement should be false. The plaintiff has to prove it false.
SPECIAL CASE:THE INNUENDO
Sometimes the statement may seem to be prima facie(on the face of it) innocent but because of some latent or secondary meaning it may be considered to be defamatory. In natural and ordinary meaning it is not defamatory. The plaintiff must prove if he wants to bring an action:
1. The latent and secondary meaning and
2. Evidence of defamation.
NOTE: When one portion of statement is true and another is not- No provision in India.
Defences available :
- Justification of Truth
If the defendant proves that the statement is true in any manner then he will not be liable for defamation. - Fair Comment
Making fair comment on matters of public good is a defence (damnum sine injuria).
Ingredients of this defence are:
1. It must be a comment-expression of Opinion
2. The comment must be fair
3. It must be of public good - Privilege
Privilege means a person stands in such relation to the facts of the case that he is justified in saying or writing what would be slanderous or libelous.
There are two types of privileges:
a. Absolute Privilege
No action lies for the defamatory statement even though thestatement is false or has been made maliciously.
Occasions of Absolute Privilege
1. Parliamentary proceedings –Art 105(2)
2. Judicial proceedings
3. Military and naval Proceedings
4. State proceedings underlying
b. Qualified Privilege
If a communication is privileged then statement made without malice is protected.
Ingredients:
1. The statement was made on a privileged occasion- i.e. in
discharge of duty.
2. The statement was made without any Malice.
What are the remedies available if one falls prey to defamation?
1. A Criminal prosecution.
2. A civil suit for damages
(a) Damages-Compensatory damages
(b) Injunction-SECTION-38 &39 of the Specific Relief Act, 1963
This article has been contributed by Anurag Mishra, First Year, Symbiosis Law School, Hyderabad.