Defamation and It’s Essentials
Meaning and Introduction:
Defamation generally means damaging someone’s reputation by saying something horrible and false about them.
If a person maims the prestige of another, he does so at his own risk, as in the case of interference with the property.
A man’s reputation is his property, and if possible, more valuable than property.
Kinds of Defamation:
There are two kinds of deformation:
Libel: It is a statement in writing and published. It refers to the permanent defamatory statement, such as which is written, broadcast, or otherwise performed.
Slander: It is a defamatory statement that is not permanent. The key example is spoken phrases and gestures.
In the case of D P Chaudhary v. Manju Lata, Manju Lata of 17 years, belongs to a good family and was a B A student. There was a publication of a news item that stated, last night she eloped with Kamlesh. The news item was false and was published negligently.
Held: All defamatory words are actionable per se, and in such cases, general damages will be presumed and she got rupees 10,000 as compensation.
In the case of Hirabai Jehangir v. Dinshaw Edulji, The Bombay High court held that when there was the imputation of unchasity to women by spoken words, the wrong was actionable without proof of special damage.
Essentials of Defamation:
Words must be false and defamatory: A defamatory statement should be false because the truth is a defense against defamation. The law does not punish anyone for speaking the truth, even if it’s awful.
In the case of South Indian Railway Company v. Rama Krishna I-L-R (1890), Ticket Collector comes and says to Rama Krishna; I suspect that you are traveling with the false ticket. Rama Krishna shows the ticket and sues the ticket collector. Court held that the Ticket Collector said in a bonafide way, there was nothing as such defamation.
Words must refer to the plaintiff: The defamatory statement must refer to the plaintiff, class of person, or trustees of the company. The reference may be expressed or implied. It is not necessary that the plaintiff has to be mentioned by name if he can still be recognized. The person referred to the statement can be dead or alive, however, a defamation suit on behalf of a dead person can be filled only if the person filing the suit has an interest.
In the case of E. Hilton & Company v. Jones (1910), Defendant wrote defamatory language using the plaintiff’s name. Defendant claimed it should not be held liable for libel because it used the defendant’s name as a fictitious name and had never heard of the plaintiff. The court held the defendant liable.
Words must be published: For defamation to occur the statement must be published. Publication means making the defamatory matter known to some person other than the person defamed.
In the case of T J Ponnem v. Verghese (1970), The Husband wrote a letter to her wife stating wrong about her father and she narrated the same to her father. But this is protected under section 122 of The Indian Evidence Act, so the conversation between husband and wife is considered privileged communication and the husband won’t be liable.
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