Defamation

Introduction

Defamation refers to a false statement that injures the prestige of an individual. It is also considered as a statement whose grounds are frivolous and misleading and harms anybody’s reputation. The law considers the reputation as a property of a human and is treated the same as his body.

• The act of defamation is covered under Section 499 of the Indian Penal Code, 1860 (IPC) and the punishment for defamation is covered under Section 500 of IPC.

Section 499 of IPC

• This Section deals with the offence of defamation.
• It states that 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 expected, to defame that person.
  • Explanation 1- Defamation of dead person as a living individual.
  • Explanation 2 – Imputation of company amounts to defamation.
  • Explanation 3 – Ironically expressed statement is also a defamation.
  • Explanation 4 – Nothing is defamation until it harms the lower or intellectual character of the person before others.

Illustrations

• 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.
• A is asked who stole B’s watch. A point 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.

Exceptions

• If the statement is made for the benefit of the public.
• If the statement is made in good faith against the public servant expressing opinion upon his conduct.
• True results of the court proceedings
• Censure made under a lawful authority
• Accusation made by any lawful authority under good faith
• If the statement is made under goof faith for the protection of own interests.

Section 500 of IPC

• This Section deals with the punishment for defamation.
• It states that whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

Nature of Defamation

• The act is of both a civil and criminal nature.
• It is punishable under IPC.
• Criminal offence of defamation is bailable and non-cognizable.
• Compounding is allowed for the offence of defamation.
• It is dealt under the law of tort in the civil regime.

Essentials of Defamation

• The statement made must be defamatory in nature.
• The statement must be made against the plaintiff.
• It must be published.
• The statement must be communicated to a person other than the plaintiff.
• The statement must be actionable per se in the case of slander.
• It must be apprehensible by the other person.

Forms of Defamation

• Libel
  • It stands for a defamatory statement that is published in nature.
  • It can harm someone’s reputation through the written material.
  • It may be published in any book, magazine, newspaper, social media etc.
  • Libel per se stands for a statement which is presumed to defame a person’s reputation.
  • It is actionable under criminal law.
• Slander
  • It is a form of statement made through spoken words or gestures.
  • It is a false verbal statement harming the character of any person.
  • The nature of defamation through this mode is intangible.
  • It is no offence under criminal law.
  • It is a civil injury.

Defenses

• There are three defenses available against the accusation of defamation.
• True Statement - A true statement does not amount to defamation if the defendant can prove it to be true by annexing some evidence.
• Fair comment - The comment must be based on the three grounds mentioned below:
  • It is an expression of one’s opinion instead of assertion of any fact.
  • It must be fair.
  • The objective must be of public interest.
• Privilege - The law provides absolute and qualified privileges for making a statement in public. Absolute privilege is provided in the parliamentary proceedings and the judicial proceedings. And the Qualified Privilege is entrusted to a person making statements without having any wrongful intention.

Landmark Case Laws

• In Subramanian Swamy v. Union of India (2016), the Supreme Court differentiated the concept of freedom of speech and defamation. It stated that one’s reputation cannot alter other’s freedom of speech and expression. The petitioner challenged the constitutionality of Sections 499 and 500. However, the court held them protected by the reasonable restrictions under Article 19(2) of the Constitution of India, 1950 (COI).
• In Chaman Lal v. State of Punjab (1970), the Supreme Court determined when and how the exception of statement in good faith can be applied in the case of Section 499. It quoted “interest of the person must be real and legitimate when communication is made in protection of the interest of the person making it. If that be so, then good faith is automatically drawn in and good faith obviously does not require logical infallibility”.