This article has been written by Ms. Anchita Niranjan Chavan, a 3^rd year BLS LLB student at Oriental College of Law, Navi Mumbai.

INTRODUCTION:

“Every man is entitled to have his reputation preserved inviolate”- Blackstone.

Defamation is defined in section 499 of the Indian Penal Code as: “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 the cases hereinafter excepted, to defame that person.”

 In simple words, Defamation is injury to the reputation of a person. It also damages the emotional, physical and financial well-being of a person. It can be done through written, oral or anyother way of visible representation. It involves making a false statement about a person with the motive of creating a bad image in the society of that person. Defamation is both civil and criminal offence in India. The purpose of defamation is to protect the individual’s reputation from the attacks by others through various means like publishing something about an individual that is not a fact and can harm a person’s reputation or by speaking anything in public which is harmful for the person’s reputation.

Example- 

1. A is asked who stole B’s diamond ring. A points to C, intending to cause everybody to believe that C stole the diamond ring. This is defamation.
2. Falsely spreading rumors that a person has a sexually transmitted disease, leading to the individual being shunned or avoided by others.
3. Falsely relating to someone that someone is cheating on his or her spouse, leading to damage to the individual’s reputation.

EXPLANATIONS  OF DEFAMATION:

There are four explanations with section 499 of Indian Penal Code as to what constitutes defamation. Following are the four explainations-

1. Defamation of the dead
2. Defamation of a company or collection of persons
3. Defamation by innuendo
4. Meaning of harming reputation

ESSENTIALS OF DEFAMATION: 

To constitute defamation the following three essentials must be fullfiled.

1. The statement must be defamatory- The defamatory statement is one, which tends to injure the reputation or character of the plaintiff. 
2. The statement must refer to the plaintiff- The defamatory statement which is made by the defendant must refer to the plaintiff.
3. The statement must be published- The defamatory statement must be published in writing, printing or must be made orally by the defendant. 

FORMS OF DEFAMATION: 

Defamatory statement must be made in these two forms to constitute a defamation.

1. LIBEL- It is a form of defamation in which the untrue statement is made in writing by the defendant. Example- an untrue tweet about someone being against LGBT rights.
2. SLANDER- It is a form of defamation in which the untrue statement is spoken orally by the defendant. Example- Accusing the plaintiff of criminal actions. Stating that the plaintiff has certain infectious diseases.

EXCEPTIONS OF DEFAMATION:

1. Imputation of truth which public good requires to be made or published.
2. Public conduct of public servants.
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.

DIFFERENCE BETWEEN CRIMINAL DEFAMATION & CIVIL DEFAMATION: 

PUNISHMENT FOR DEFAMATION:

Defamation is punished under Section 500, 501, 502 of Chapter XXI of IPC. The offences are non- cognizable and bailable, according to the Criminal Procedure code (1973). 

DEFENCES AGAINST DEFAMATION:

There are certain defences a person can take to escape liability of compensation for defamation. The following are some such defences-

1. Truth
2. Fair and bona fide comment
3. Privilege 
4. Apology
5. Amends 

CASE LAWS RELATED TO DEFAMATION: 

1. Shreya Singhal v. Union of India AIR 2015 SC 1523

It is a landmark judgement regarding internet defamation. It held unconstitutional the Section 66A of the Information Technology Act, 2000 which punishes for sending offensive messages through communication services.

2. Gubarev v. Orbis Business Intelligence Ltd [2020] EWHC 2912 (QB)

A defamation trial concerning the publication of an article on Buzzfeed alleging that the claimants took actions to undermine the democratic party leadership throughout March-September 2016. Gubarev was brought as a claim in libel only. Warby J dismissed the claims, holding that while the allegations were “seriously defamatory”, the Claimants had not succeeded in establishing that the Defendants were responsible for their publication by Buzzfeed.

3. Ram Jethmalani v. Subramanian Swamy [AIR 2006 Delhi 300, 126 (2006) DLT 535]

Court held that statements made by Subramanian Swamy is defamatory where he said that Ram Jeth Malani had taken money from a banned organisation to defend the Chief Minister of Tamil Nadu in the case of Rajiv Gandhi assassination.

4. Mahendra Ram v. Harnandan prasad AIR 1958 Pat 445

The defendant was held liable for the letter which defendant sent to plaintiff in Urdu knowing that he doesn’t know Urdu.

CONCLUSION: 

Defamation is tort resulting from an injury to ones reputation. It is the act of harming the reputation of another by making a false statement to third person. Defamation is an invasion of the interest in reputation.

Typically, defamation laws are meant to safeguard reputations. Defamation laws are not meant to do any other thing that may be accomplished by other laws. There are limits to which defamation laws can offer protection, for instance, legitimate criticism on public authorities who engage in corruption deals cannot be restricted by defamation laws. Family members cannot sue any person for defaming the reputation of a deceased member of the family. 

Groups which are not legally recognized are said not to have any reputation. As such, it cannot be argued that the reputations of such groups have been defamed. Public bodies should not be allowed to bring up defamation cases.  

REFERENCES: 

https://www.britannica.com/topic/defamation

https://www.legalserviceindia.com/

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