This article is written by Krishnaraj Choudhary, Student of Dr. Anushka Law College Udaipur. The author in this article has discussed the concept of Defamation.
Trespass To Reputation :
Introduction:
Trespass
- Trespass can be said to be an action exceedings the limit caverd by the law.
- It is an intentionally directed, unreasonable interference with one's person and property. The word "Intention" here implies committing the wrong voluntarily.
- Trespass allegation can be leveled if they interference is with one's and third person's body and private property.
- It is to be kept in mind that intention forms the essential component of trespass.
- Unreasonable behaviour is triggered by the malafieds and ilterior intention to harass another
Defamation :
Defamation as the meaning of the word suggest is an injury to the reputation of a person resulting from a statement which is false.
A man's reputation is treated as his property and if any person poses damage to property he is liable under the law, similarly, a person injuring the reputation of a person is also liable under the law.
Defamation in defined in Section 499 on Indian Penal Code 1860 and Section 500 provides that a person committing an offense under this section is liable with simple imprisonment for a term of 2 years or fine or with both.
Forms of Defamation :
- Slander : It is the Publication of a defamatory statement in a transiet form. Example: defaming a person by way of words or gestures.
- Libel : It is the representation made made in some permanent form. Example: defaming a person through a representation made in some permanent form like writing, Printing etc.
English Law on Libel & Slander :
Under English criminal law, libel is treated as a crime but slander in not. Slander is only a civil Wrong.
Indian Law on Libel & Slander :
Unlike English law, Indian law not make any distinction between libel & Slander and both are treated as criminal offense under Section 499 IPC.
Difference :
Essential Of Defamation :
1. A Statement must be defamatory : The very first essential of the offense of defamation that the statement must be defamatory i.e. Which tend to lower the reputation of the plaintiff. The text to check if a particular statement is defamatory or not will depend upon how the right thinking member of society are likely to take it. Further, a person cannot take a defense that the statement was not intended to be defamatory, although it caused a felling of hatred, contempt or dislike.
Illustration : 'A' published an advertisement in a local newspaper stating false information that the company of 'B' has committed fraud of Rs 20 lac. Now, This statement will amount to defamation as this newspaper will be read by many readers and will the reputation of 'B's Company. However, it is to be noted that mere hastly expression spoken in anger, or vulgar abuse to which no hearer would attribute any set purpose of injure the character would not amount to defaming a person.
Illustration : If 'A' an employer scolds his employee 'B' for not coming on time in front of the whole staff, then 'B' cannot take the plea that 'A' has injured the reputation of 'B'.
2. The statement must refer to the Plaintiff : In an action for defamation, the plaintiff ha to prove that the statement of which he complains referred to him, it will be immaterial that the defendant did not intend to defame the plaintiff. If the person to whom the statement was published could reasonably infer that the statement referred to him, the defendant will then be liable.
Illustration : If 'A' , a bank published a notice to all its branch to not give loan to any person from 'XYZ' as the people of 'XYZ' are more often repeated defaulters. Now due to this 'B' , a resident of "XYZ' has suffered a huge loss. Now 'B' held 'A' liable for defaming him although the bank did not directly focus on him.
3. The Statement must be Published : Publication of defamatory statement to some person other than the person defamed is a most important aspect for making any person liable, & unless that is done, no action for defamation will lie.
However, if a third person wrongfully reads a latter meant for the plaintiff, then the defendant likely to be liable. But if the defamatory letter sent to the plaintiff is likely to be read by somebady else, there will be a valid publication.
Defense for defamation :
1. Justification of Truth : In a civil action for defamation, the truth of the defamatory matter is a complete defense and the reason for this is that "Law will not permit a man to recover damaged for something being true about him". Under criminal law on the other hand merely providing that the statement was true is not a good defense and beside this, the defendant has to show that it was made for public good also.
If the defendant is not able to prove the truth of the facts, the defense cannot be availed.
2. Fair Comment : Making a fair comment on matters public interest is a valid defense to an action for this the following must be proved:
- It must be a comment i.e. , an expression of opinion rather than an assertion of fact.
- The comment must be fair : The comment should be fair i.e. should not be based upon untrue facts.
- The matter commented upon must be of public interest : The matter on which the defendant has commented must be of public interest. Matters like administration of government departments, courts, ministers, public meetings, textbooks, etc. are considered to be matters of public interest.
3. Privilege : As the word suggest itself i.e. giving special status. These special occasions when the law recognizes that the right of free speech out weights the plaintiff right to defamation and a defamatory statement made on such occasion is not actionable is not actionable. Privileges are of two types i.e.
(a) Qualified Privileges : When a person making the statement has a legal, social or moral duty to make it an interest in it, then the defense of qualified privilege is allowed. Following are the instances where this defense can be avoided of:
- Reference for a job applicant.
- Answering the police inquires.
- A fair criticism of a published book or film a review.
- Communication between parents and teachers.
- Communication between employers and employ.
(b) Absolute Privilege : It gives the person an absolute right to make the statement even if it is defamatory, the person is immune from liability arising out of defamation lawsuit. It include various aspect i.e.
- During judicial proceedings.
- By government officials.
- By legislators during debates in the parliamentary proceeding.
- Communication between spouses.
Case laws :
Radheyshyam Tiwari V/S Eknath
The defendant, who was editor, printer and publisher of a newspaper published a series of articles against the plaintiff, a block development officer, alleging that the plaintiff had issued false certificate, accepted bribe and adopted corrupt and illegal means in various matters.
In an action for defamation, the defendant could not prove that the facts published by him were true and therefore, he was liable for defamation.
Ram Jethmalani V/S Subramaniam Swami
Dr. Swami published a statement that Mr. Jethmalani took bribes from a banned organization to protect the then CM. of Tamilnadu when
Rajiv Gandhi was assassimated.
He was held liable for defaming the reputation of plaintiff.
Written By :- KR Choudhary
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