Defamation is an injury to the reputation of someone which is caused by a fake announcement. A man’s reputation is treated as his property and if any individual poses damage to property he's liable under the law, similarly, an individual injuring the reputation of an individual is additionally liable under the law.
Essentials of Defamation
The statement must be defamatory:
The very first essential of the offence of defamation is that the statement must be defamatory i.e. which tends to lower the reputation of the plaintiff. The test to ascertain if a specific statement is defamatory or not will depend on how the correct thinking members of society are likely to handle it. Further, an individual cannot take a defence that the statement wasn't intended to be defamatory, although it caused a sense of hatred, contempt or dislike. in the case of Ram Jethmalani v. Subramanian Swamy court held Dr. Swamy to be responsible for defaming Mr Jethmalani by saying that Mr Jethmalani took money from an illegal organization to safeguard the then CM of Tamil Nadu within the murder case of Rajiv Gandhi. In another recent case of Arun Jaitley v Arvind Kejriwal, the court held the statement said by Arvind Kejriwal and his 5 other leaders to be defamatory. However, the matter was finally disclosed in spite of everything the defendants apologized for his or her actions.
The statement must refer to the plaintiff:
It is the plaintiff's duty to prove that the defamatory statement made was against him. If the person to whom the statement was published could reasonably infer that the statement mentioned him, the defendant will then be liable. In the case of T.V., Ramasubha Iyer v. A.M.A Mohindeen Court held the defendants responsible for publishing a press release with no intention to defame the defendants. The statement mentioned that a specific person carrying business of Agarbathis to Ceylon has been arrested for the offense of smuggling. The plaintiff was also one among the person carrying on the same business, and as a result of this statement his reputation also severely damaged.
The statement must be published:
Publication of defamatory statement to some person aside from the person defamed may be a most significant aspect for creating a person liable, and unless that's done, no action for defamation will lie. However, if a 3rd person wrongfully reads a letter meant for the plaintiff, then the defendant likely to be liable. But if the defamatory letter sent to the plaintiff is probably going to be read by somebody else, there'll be a legitimate publication. in the case of Mahendra Ram v. Harnandan prasad, the defendant was held responsible for sending a defamatory letter to plaintiff written in Urdu knowing that the plaintiff didn't know Urdu and therefore the letter will very likely be read over by another person.
Types of Defamation
Slander:
It's the publication of a defamatory statement in a very transient form For example- Defaming an individual by way of words or signs.
Libel:
It's the representation made in some permanent form like defaming an individual through a representation made in some permanent form like writing, printing etc.
Indian law on Libel and Slander:
Indian law doesn't make any distinction between libel and slander like English Law and both, libel and slander are treated as criminal offences under section 499 Indian Penal Code.
Innuendo:
A statement is clear defamatory when its natural and obvious meaning results in that conclusion. Sometimes it happens that the words are clear innocent but due to some secondary meaning, those words considered to be defamatory but in that condition, this secondary instance plaintiff must prove the secondary meaning i.e. innuendo which makes the words defamatory.
Defamation of sophistication of persons:
If any person spoke specific words for a community of people, a bunch of people, category of people or class of people, then no single person of that community, class, category, a bunch can sue unless he proves that those words were referring him.
Communication between husband and wife:
In the eyes of law, both husband and wife are one person and therefore the communication of a defamatory matter from the husband to the wife or the other way around is not any publication and can not come within the purview of section 499. Section 122 of the Indian Evidence Act 1872 deals with privileged communications between husband and wife and makes them out of the scope of section 499 except in suits between married persons, or during a proceeding during which one spouse is prosecuted for any crime committed against the opposite. In a leading case of T.J. Ponnen v. M.C Verghese, the court held that the letter from husband to his wife which contain defamatory matter for the father-in-law will not come under defamation. it'll considerably be covered within the scope of privileged communications between husband and wife as laid in section 122 of the Indian Evidence Act 1872.
Defences
Justification of truth:
In a civil action for defamation, the reality of the defamatory matter may be a complete defence and therefore the reason for this is often that Law won't permit a person to recover damages for something is true about him. Under legal code on the opposite hand merely proving that the statement was true isn't an honest defence and besides this, the defendant has got to show that it had been made for public good also. If the defendant isn't ready to prove the reality of the facts, the defence can't be availed. within the case of Radheyshyam Tiwari v. Eknath court held the defendants for publishing defamatory matter against the defendants. Later the defendants weren't ready to prove that the facts published by him were true and, therefore he was held liable.
Fair comment:
Making a good discuss matters public interest may be a valid defence to an action for defamation. For this, It must be a comment i.e, an expression of opinion instead of an assertion of fact, The
comment must be fair i.e. shouldn't be based upon untrue facts. The matter on which the defendant has commented must be of public interest. Matters like administration of state departments, courts, ministers, public meetings, textbooks, etc are considered to be matters of public interest.
Privilege:
As the word suggests itself i.e. giving special status. These special occasions when the law recognizes that the proper of free speech outweighs the plaintiffs right to defamation and a defamatory statement made on such occasion isn't actionable.
Privileges are of two kinds:
Absolute privileges: In matters of those complete immunity is given to person speaking and no action for defamation can lie against him. Article 105(2) of the Indian constitution gives immunity to parliamentarians to talk anything during the course of business of parliament and no action would lie against them. Judicial proceedings protection has been given to judges under judicial officers protection act of 1850.
Qualified privilege: This privilege is additionally available and under this, it's necessary that the statement must are made without a malice i.e a wrongful intention.
Conclusion:
The essence of defamation lies within the injury to the reputation of an individual and for this injury, he can considerably sue the defendants. Both the type of defamation libel as well as slender are criminal offences in India. There are certain exceptions to the present referred to as a privilege.
Sirachi Gupta, Faculty of Law, University of Lucknow
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