Defamation Laws in India

Copyright by Legal Ladder

Defamation

A false and unprivileged statement of fact that is harmful to someone’s reputation.

Definitions of Defamation

1. Defamation is the unjust harm to another's reputation caused by the oral or written expression of a false statement about them, which is considered a crime.

2. According to Winfield,

“Defamation is the publication of a statement which tends to lower a person in the estimation of right-thinking members of society, generally, which tends to make him shun or avoid that person.”

Types of Defamation

1. Libel 

The term "libel" refers to defamatory statements or assertions made in writing or otherwise documented.
It is a publication of false and defamatory statements tending to injure the reputation of another person without lawful justification or excuse.

For Example

It may be expressed in writing, printing, signs, etc.

2. Slander 

 A cylinder is a false and defamatory verbal statement tending to injure the reputation of another.

Difference between Libel and Slander

1. A written or printed defamation is libel while spoken defamation is slander.

2. Libel is defamation addressed to eyes while slander is defamation addressed to ears.

3. Libel is permanent while slander is transitory.

4. Libel tends to provoke a breach of peace, is a criminal offence as well as a civil wrong, while slander is only a civil wrong.

5. In the case of libel, the actual publisher may be an innocent person (such as; printer or manager who may be unconscious to the nature of the act) he will not be held liable though the actual offender will be. While in case of slander, the publisher acts consciously and voluntarily, he will be liable.

Essentials of defamation

These essentials are common to both (in Slander and Libel) and these must be proved by the plaintiff:

1. The statement must be defamatory

The words must tend to lower the plaintiff's reputation in the eyes of right-minded persons or must tend to make him be hated or avoided.

2. The statement must refer to the plaintiff

It is sufficient if the plaintiff is described by the initial letters of his name or even by a fictitious name provided, he can satisfy the court that the words refer to him, it is sufficient if the statement might be understood by those who knew the plaintiff.

3. The statement must be published

Publication means making the defamatory matter known to some person other than the plaintiff.

In India, there is no such distinction between libel and slander. Both libel and slander are criminal offences. 

It can be separated into two groups for easier comprehension:

1. Civil (defined in Law of Torts)

2. Criminal (defined in IPC) 

Punishments for defamation

Punishments for Defamation are given under Section-500 of IPC (Indian Penal Code)

Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

Defamation

Defamation as defined under section-499 of IPC (Indian Penal Code) 

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. 

Explanation 1.

It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.

Explanation 2.

It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.

Explanation 3.

An imputation in the form of an alternative or expressed ironically may amount to defamation. 

Explanation 4.

No imputation is said to harm a person's reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful.

Illustrations:

1. A says— “Z is an honest man; he never stole B's watch”; intending to cause it to be believed that Z did steal B's watch. This is defamation, unless it falls within one of the exceptions.

2. A is asked who stole B's watch. A points to Z, intending to cause it to be believed that Z stole B's watch. This is defamation, unless it falls within one of the exceptions.

3. A draws a picture of Z running away with B's watch, intending it to be believed that Z stole B's watch. This is defamation, unless it falls within one of the exceptions.

Exceptions

First Exception

Imputation of truth which the public good requires to be made or published.—It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact.

Second Exception

Public conduct of public servants:

It is not defamation to express in good faith any opinion whatsoever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further.

Third Exception

Conduct of any person touching any public question.—It is not defamation to express in good faith any opinion, respecting the conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further.

Illustration

It is not defamation in A to express in good faith any opinion whatever respecting Z's conduct in petitioning Government on a public question, in signing a requisition for a meeting on a public question, in presiding or attending at such meeting, in forming or joining any society which invites the public support, in voting or canvassing for a particular candidate for any situation in the efficient discharge of the duties of which the public is interested.

Fourth Exception

Publication of reports of proceedings of courts.—It is not defamation to publish a substantially true report of the proceedings of a Court of Justice, or of the result of any such proceedings.

Explanation

A Justice of the Peace or other officer holding an inquiry in open Court preliminary to a trial in a Court of Justice, is a Court within the meaning of the above section. 

Fifth Exception

Merits of the case decided in Court or conduct of witnesses and others concerned:

It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further. 

Illustrations:

1. A says—“I think Z's evidence on that trial is so contradictory that he must be stupid or dishonest.” A is within this exception if he says this in good faith, in as much as the opinion which he expresses respects Z's character as it appears in Z's conduct as a witness, and no farther.

 

2. But if A says—“I do not believe what Z asserted at that trial because I know him to be a man without veracity”; A is not within this exception, since the opinion which expresses Z's character, is an opinion not founded on Z's conduct as a witness.

Sixth Exception

Merits of public performance.—It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further. 

Explanation

A performance may be submitted to the judgment of the public expressly or by acts on the part of the author which imply such submission to the judgment of the public. 

Illustrations:

1. A person who publishes a book, submits that book to the judgment of the public. 

2. A person who makes a speech in public, submits that speech to the judgment of the public.

3. An actor or singer who appears on a public stage, submits his acting or singing to the judgment of the public.

4. A says of a book published by Z—“Z’s book is foolish; Z must be a weak man. Z's book is indecent; Z must be a man of impure mind.” A is within the exception, if he says this in good faith, in as much as the opinion which he expresses of Z respects Z's character only so far as it appears in Z's book, and no further.

5. But if A says “I am not surprised that Z's book is foolish and indecent, for he is a weak man and a libertine.” A is not within this exception, in as much as the opinion which he expresses of Z's character is an opinion not founded on Z's book.

Seventh Exception

Censure passed in good faith by person having lawful authority over another.—It is not defamation in a person having over another any authority, either conferred by law or 110 arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates. 

Illustration 

A Judge censuring in good faith the conduct of a witness, or of an officer of the Court; a head of a department censuring in good faith those who are under his orders, a parent censuring in good faith a child in the presence of other children; a schoolmaster, whose authority is derived from a parent, censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith for remissness in service; a banker censuring in good faith the cashier of his bank for the conduct of such cashier as such cashier- are within this exception.

Eighth Exception

Accusation preferred in good faith to authorised person.—It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation. 

Illustration 

If A in good faith accuses Z before a Magistrate; if A in good faith complains of the conduct of Z, a servant, to Z's master; if A in good faith complains of the conduct of Z, a child, to Z's father-A is within this exception. 

Ninth Exception

Imputation made in good faith by a person for protection of his or other's interests.—It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the interests of the person making it, or of any other person, or for the public good. 

Illustrations 

1. A, a shopkeeper, says to B, who manages his business—“Sell nothing to Z unless he pays you ready money, for I have no opinion of his honesty.” A is within the exception, if he has made this imputation on Z in good faith for the protection of his own interests.

2. A, a Magistrate, in making a report to his own superior officer, casts an imputation on the character of Z. Here, if the imputation is made in good faith, and for the public good, A is within the exception. 

Tenth Exception

Caution intended for good of a person to whom conveyed or for the public good.:

It is not defamation to convey a caution, in good faith, to one person against another, provided that such caution be intended for the good of the person to whom it is conveyed, or of some person in whom that person is interested, or for the public good.

Defences against Defamation

    Actions one can take as defences for defamation:

1. Justification or truth

2. Fair and bona fide comment

3. Privilege:

1. Absolute 

2. Qualified 

(1) Justification or truth

The truth of defamatory statements is a complete defence to a libel or slander suit.

(i) It is not necessary to show that the alleged defamatory statement is  literally true; 

(ii) It is enough if it is accurate in substance.

(2) Fair and bona fide comment

The defence is available if the defendant establishes; that

1. The statement complained of is a comment and not a statement of fact.

2. The matter is of public interest.

3. The comment is fair.

4. The comment has not been published maliciously.

(3) Privilege

The term "privilege" refers to a remark or statement made on specific occasions referred to as "privilege occasions."

It is of two kinds:

1. Absolute privilege; available in

(i)  Parliamentary proceedings

(ii) Judicial proceedings

(iii) Communications related to state’s affairs

2. Qualified Privilege

(i) If a statement has been made in the performance of a duty.

(ii) If a statement is made in Self Defence.

(iii) If the communication is made in the interest of the public.

(iv) If the receiver has the corresponding interest in the communication.

(v) Fair and accurate reports of the proceedings (in parliament, any court of justice, in any public meeting).

The writer is pursuing a degree of BA.LL.B (Bachelors of legislative law)

From, Department Of Law, Maharshi Dayanand University (Rohtak) Haryana, INDIA.

Reach him at Instagram @shivaanshvermaa