INDEX

Serial No Content Page No

1. Acknowledgement 1

2. Introduction 2

3. Law of defamation 3

4. Definition by eminent 3-4

Jurist
5. Essential element of 5
defamation

6. Classification of defamation 6

7. Difference between Libel 7

and Slander

8. Essential element of 8
defamation

9. self Deffence 9-10

10. conclusion 11

11. Bibiliography. 12
●
Law of Defamation
Dixon vs. Holden
“A mans reputation is his property, more valuable
than any other property.”
Character and reputation different thing. The
character of a person signifies the reality about
him. Where as reputation indicates only what is
reported of him by others. It is constituted by
public opinion.
Simply we can say that interference with some
ones reputation, publishing of such speech which
destroys some ones reputation and which is
speech of false that is defamation.
Definition by eminent jurist:
Prof. Salmond:
“The wrong of defamation consists in the
publication of a false and defamatory statement 3
ACKNOWLEDGEMENT

I would like to express my special

thank of gratitude to My teacher Mrs.
Mrinalini Shingh who gave me the golden
opportunity to do this wonderful Project of
Law of Crimes on " subject of Defemation
who also helped me in completing my
Project. I Come to know about to many
new things. I am really thankful to her.
Secondly I would also like to thank my
Parents and friends who helped me a lot
in finalizing this Project within the limited
time frame.
respecting another person without lawful
justification or excuse.”
Underhill:
“Defamation means publication of false and
defamatory statement about any person without
any proper cause.”
Blackburn and George:
“Publication of false statement which destroys
some ones reputation in the sence of right thinking
members of the society it creates defamation.”
Prof. Winfield:
Conclusion
After analyzing all the key aspects of defamation
as laid in section 499 IPC, we have found that the
essence of defamation lies in the injury to the
reputation of a person. And for this injury, he can
very much sue the defendants. Defamation is of
two types libel and slander. Both are considered
as criminal offenses in India. There are certain
exceptions to this known as privilege.
 “Defamation is the publication of statement which
tends to lower a person in the estimation of right
thinking members of society generally or which
tends to make them shun or avoid that person.”
Neville Vs. Fine Arts Inst. (1987)AC 68 (72)
“A statement is said to be defamatory when it was
a tendency to injure the reputation of the person to
whom it refers. Such a statement is one which
exposes him to hatred, ridicule or contempt or
which cause him to be shamed / shunned or
avoided or which has a tendency to injure him in
his office, profession or calling.”
Essential elements of defamation:
            1. Statement
            2. Specific person
            3.  Publication of the statement
            4. False
            5. In the estimation of the right thinking
members of the society.
Classification of defamation:
            1. Slander
            2. Libel
Slander:
It is slander if it is made in some transitory form.
Slander is defamation communicated by spoken
words or other sounds addressed to ear or by
gestures. Such as word of mouth, gestures.
Libel:
It is libel if the defamatory representation is made
in some permanent and visible form. Libel
indicates something printed or written but it
includes also anything recorded in a more or less
permanent form addressed to the eye or which
could be seen. Such as painting, photograph, wax
work, cartoon, sky writing by an aero-plane.
Youssoupoff vs. Metro Godwyn Mayer Pictures
Ltd. (1934) 50 TLR 581
Russian Princess, “Rasputin – the Mad Monk”
Seduced by Rasputin- vile character, Moral
Turpitude.
Differences between Libel and Slander:
1.Permanent and Transitory
2.Oral- by ear and Written- by eye
3.Tortuous liability and criminal liability/
punishable.
4.Intention and Malice
5.Momentary and Actionable per-se
 6.Self defense: easier and tuff
7.Repeater- Acknowledged
8.Seriousness: Libel more serious
Essential elements of defamation:
1.Defamatory statement
2.Statement must refer to the person
3.Published by the defendant
4.False
1. Defamatory statement:
There must be a defamatory statement. Not only
written or oral statement, but also cartoon, body
language movement can be considered as
statement.
Ridge v. English illustrated Magazine (1913) 29
T.L.R 592
A badly written story written by a grocer’s
assistant, was published by the defendants,
purporting to have been written by the plaintiff, a
well known writer. Those who would read the story
as published would infer that the quality of the
plaintiffs work had deteriorated. Held that the
plaintiff was entitled to damage for libel.
Statement must be defamatory in the
estimation of the reasonable men:
Sim V. Stretch (1936) 2 AER 1237
The expression reasonable man has been
interpreted to mean the right thinking members of
the society in generally.
Three types of statement:
(i) Prima facie defamatory. Rubish, Scallywags etc
(ii) Words capable of innocent or defamatory
meaning. Baby
(iii) Words prima facie non defamatory. Gandhizi,
Sabina Yasmin etc.
Boydell Vs. Jones (1838) 4M&W 446.
2. Statement must refer to the person:
In every action for defamation the plaintiff must
prove that the statement refers to a specific
person. It is however not necessary to show that
the defendant intended it to refer to the plaintiff.
E. Hulton & Co. Vs. Jones (1910) AC 20
The defendants, in their newspaper, published an
article in which one Artemus Jones, described as
a Churchwarden, was accused of living with a
mistress in France. The article was written as a
fiction, and the owners of the newspaper were
ignorant of the existence of any person who bore
that name. Unfortunately, however, the name so
chose was that of a real person, an English
Barrister and journalist, and those who knew him
supposed the article refers him. The defendants
were liable. Held that “A person charged with libel
cannot defend himself by showing that he
intended in his own breast not to defame, or that
he intended not to defame the plaintiff, if in fact he
did both.”
Heremba Chandra Mitra vs. Kali Prashad (1897)
ICWN p465
3. Published by the defendant:
Wenhak Vs. Morgan (1888) 20 QB 635
“Husband and wife is considered as same person
in the eye of law. Their discussion is not
considered as publication.”
Ruth Vs. Huth (1915) 3KB 32
If any defamatory statement is communicated by a
closed cover (though not sealed) addressed to the
plaintiff, the defendant has no reason to believe
that it would be opened or read by any person
other than the plaintiff, the defendant to whom it is
addressed. Hence in such a case the letter is, in
fact opened and read by a servant or other person
who had no right to do so, there is no publication
and the defendant is not liable.
4. False:
The defamatory statement must be false. No evil
action lies for the publication of a defamatory
statement which is true.
Self Defences:
      1. Justification
     2. Fair comment
     3. Privilege          
             i. Absolute privilege
            ii.Qualified privilege
a. Justification
    Truth of the defamatory statement is a complete
defence to a civil action brought in respect of it,
and if the matter is true the purpose or motive with
which it was published is irrelevant. The defence
that a statement is true is known as a plea of
justification, the defendant being said to justify his
statement.
b. Fair comment
Nothing is libel which is a fair comment on a
matter of public interest. The defendant has to
prove that,
            i. The word published related to some
matter of             public interest.
            ii. They are a comment, not a statement of
fact.
            iii. The comment is fair.
c. Privilege
                        i. Absolute privilege
                                    * Statement made in course
of parliamentary proceedings.
                                    * Statement made in course
of judicial proceedings.
                                    * Statement relating to
affairs of state.
ii.Qualified privilege
                                    * Statement made in
performance of a duty.
                                    * Statement made in the
protection of an interest.
                                    * Fair reports of
proceedings.
● INTRODUCTION:
Law of defamation offers a comprehensive
analysis of defamation law, useful to legal
practioners and other professional, including
Professors, Publishers, and media Industry
experts.
Defamation also called columny, vilification
traducement, slander (for transitory
Statements), and libel (for written,
broadcast, or otherwise published word)
is the communication of a statement
that makes a clalm, expressly stated
or implied to be factual that may
give an individual, business, product
group, government, religion or nation
a negative or inferior image. This
can be also any disparaging stateme
nt made by one person about another
which is communicated or published
wheather true or false depending
on legal state.