Defamation-

TANMOY MUKHERJI INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherji

Advocate

Defamation-

Tanmoy Mukherjee

  Advocate

-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. Of which tends to make them shunned or avoided.

-According to Salmond "Defamation" is the publication of false and defamatory statements concerning another person, without lawful justification.

-According to Black's Law Dictionary "Defamation" is the act of harming the reputation of another by making a false statement to a third person.

-Lord Atkin in Sin vs Stretch said that "defamation" is a statement which tends to lower the plaintiff in the estimation of right thinking members of society generally.

-According to Dr. Mukherjee "Defamation" is the publication of a false statement about a person without justification which tends to lower the reputation of that person in the estimation of right thinking members of society generally.

Types of Defamation-

Defamation is of two types-

Libel-

 Libel is defamation expressed in some permanent or physical form-such as writing, printing, pictures, films or online publications.

According to Winfield Libel is defamation by written or printed words or by any form of communication embodied in a permanent form.

Features:-

1. Permanent in nature-

Recorded in a lasting medium (paper, film, internet).

2. Actionable per se-

 Claimant does not need to prove special damage, the law presumes harm.

3. Criminal and Civil liability-

 Libel may be both a tort and a crime.

4. Wider publication-

Reaches a larger audience, thus causing greater reputational harm

Examples-

1. A newspaper falsely accuses a public official of corruption.
2. A social media false post calling someone a fraud.
3. A caricature or photo implying immoral behavior.

Reference cases-

Slander-

Slander is defamation in a transient or non-permanent form, usually through spoken words, gestures or sounds.

According to Salmond, slander is the publication of a defamatory statement in a transient form such as spoken words or gestures.

Features-

1. Transitory- Not recorded or preserved.

2. Actionable only upon proof of actual damage- Not actionable per se, except in special cases.

3. Difficult to proof- Ephemeral in nature and often based on oral evidence.

Examples-

i) A false verbal accusation in a public meeting.

ii) Gossip that someone committed adultery.

iii) Defamatory gestures.

When Slander is actionable per se-

Slander is not actionable per se, meaning that the plaintiff must prove special damage—actual, pecuniary or material loss—resulting from the slanderous statement.

Reference Case-

Slander actionable per se-                                                           

There are some exceptions where slander is actionable without proof of special damage-

1.Imputation of a crime-

 A false statement imputes to the plaintiff the commission of a criminal offence punishable by imprisonment. It is actionable per se.

Reference Case-

2.Imputation of a contagious or loathsome Disease:

If someone falsely alleges that another have a contagious on Loathsome Disease (e.g., Leprosy, venereal disease, AIDS, COVID-19) it is actionable per se.

Reference Case-

3.Imputation affecting office, Profession, trade or business-

 A false statement injures a person in their professional reputation on business is actionable per se.

Reference Cases-

4.Imputation of unchastity-

Words imputing unchastity to a woman wear traditionally actionable per se.

Reference Case-

Cast based slander-

 Cast based Slander is actionable per se.

Reference Case-