Defamation is a false and unprivileged communication of fact that is harmful to someone's reputation. According to English jurists, ‘a man’s reputation is his property’ and if somebody injures the reputation of another person, he does it at his own risk.
Defamation can be of two types:
Libel: It is a publication made in some permanent form. A libel may be in the form of a picture, written statement, cartoon, photograph, statue, film, compact disc, or effigy. A libel is addressed to the ‘eye’.
Slander: A defamatory statement published in a transient form is known as a slander. It may be in the form of words spoken or even a gesture. A slander is addressed to the ‘ear’.
In English Law, libel is actionable even without any proof of damage, but slander becomes actionable only when proof of any damage exists.
In India, however, libel and slander are hardly distinguished and both are actionable even without the proof of any special damage.
In case of defamation, the intention to defame is immaterial. If the words spoken are defamatory in nature, the defendant is liable even though he believed it to be innocent. If the defamatory statement refers to a particular group or category of individuals, no member of that category or group can independently bring an action for defamation unless he can prove that such statement could be particularly considered to be referring to him.
In order to constitute an offence of defamation, the following conditions must be satisfied:
The words must be false and defamatory
Such words must refer to the plaintiff
Those words must be published
Defences against an action for defamation:
Fair Comment: A comment which is fair and of public interest is a good defence in an action for defamation
Truth: If the defamatory matter is a truth, it stands as a good defence
Statutory Privilege: Any comment made under the authority of statute is a good defence.
