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Defamation

Defamation is a statement that injures another's reputation by exposing them to hatred or contempt. Libel is a written defamatory statement, such as in pictures or sculptures, while slander is a spoken defamatory statement. For a statement to be considered defamation, it must be false, concern the plaintiff, be published, and have no lawful justification. Libel suggests malice while slander does not. Libel has a six-year limitation period while slander has two years. Innuendo in defamation law refers to when a statement has a defamatory interpretation derived from it, even if the facts presented were correct.

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111 views2 pages

Defamation

Defamation is a statement that injures another's reputation by exposing them to hatred or contempt. Libel is a written defamatory statement, such as in pictures or sculptures, while slander is a spoken defamatory statement. For a statement to be considered defamation, it must be false, concern the plaintiff, be published, and have no lawful justification. Libel suggests malice while slander does not. Libel has a six-year limitation period while slander has two years. Innuendo in defamation law refers to when a statement has a defamatory interpretation derived from it, even if the facts presented were correct.

Uploaded by

Fahim Shahriar Mozumder
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Defamation

A defamatory statement is one which injuries the reputation of another by


exposing him to hatred, contempt which brings him down to society's right
thinking honor members.
Mainly because of historical reasons, English law divides actions for
defamation, Into;-
i. Libel:
Libel is defined as a defamatory statement that appears in
written form. An act of libel may be committed through any visible means
pictures, sculptures, and films.
ii. Slender:
Slander is defined as a spoken or oral defamatory
statement. It is the act of harming one person’s reputation by telling to one or
more people something that is untrue about that person. Slander can be the
basis for a lawsuit and is considered a civil wrong.

Essentials of Defamation:
1. The statement must be defamatory
2. The statement must be false
3. The statement must be concerning the plaintiff
4. The statement must be published
5. There should be no lawful justification for making the statement
Distinction between libel and slander:
Libel Slander
Definition Defamation in printed words or Defamation in spoken words or
pictures. gestures.
Form Tangible: Print, writing or Intangible: Spoken words or
pictures. gestures
Malice Libel suggests the presence of Slander does not suggests the
malice presence of malice
Publisher The actual publisher of the libel On the other hand, in case of
may be innocent regarding the slander, the publisher acts
libelous matter and he may not consciously and voluntarily,
be liable for that. and so he may not be innocent
but he is the guilty.
Limitation Six years Two years
Famous New York Times vs. Sullivan Food Label Law
Cases

Innuendo:
Innuendo is a legal concept that is related to tort and personal injury
law. The word is derived from "innuere". It usually shows that the plaintiff had
bad comments made about him and that the comments were in fact
defamatory. The innuendo is usually just used in actions for slander. Innuendo
typically refers to a condition where a person explains a factual situation, yet
an incorrect interpretation is derived from it.

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