Who does the current law on defamation
benefit the most? - Claimant or Defendant?
Personal Skill Development Activity
Submitted By: Upasana Tyagi
Course: BBA LLB (Hons.)
Year: 2023-28
Enrollment No.: 35151103523
Submitted To: Ms. Navjot Suri Singhal
ACKNOWLEDGMENT
I extend my heartfelt gratitude to all those who have contributed to the completion of this
project titled "Whom does the current law on defamation benefit? Claimant or defendant?"
as a requirement for the subject of Law of Torts.
Firstly, I would like to express my deepest appreciation to Ms. Navjot Suri Singhal Ma’am,
for their invaluable guidance, support, and insightful feedback throughout the duration of this
project. Their expertise and encouragement have been instrumental in shaping the direction
and focus of this research.
I am indebted to the authors whose scholarly works served as the foundation of my study. Their
meticulous research and profound insights have significantly enriched the content of this
project.
I would also like to thank my peers and friends for their encouragement and constructive
criticism, which have helped refine the ideas presented in this work.
Furthermore, I express my gratitude to my family for their unwavering support and
understanding during the course of this project. Their love and encouragement have been a
constant source of motivation.
This project would not have been possible without the collective support and contributions of
the aforementioned individuals, and for that, I am sincerely grateful.
Upasana Tyagi
BBA LLB (Hons.) 1A
DME LAW SCHOOL
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CONTENTS
S No. Topics Page No.
1. What is Defamation? 3
2. Defamation as a Tort 3-4
3. Essential Elements of Defamation 4-5
4. Defamation Law in India 5-6
5. To whom does it benefit? 6-7
- Benefits to Claimant
- Benefits to Defendant
6. Related Case Laws 7-8
7. Conclusion
8. Bibliography
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What is Defamation?
Defamation is the act of communicating false statements about a person that injure the
reputation of that person when observed through the eyes of ordinary man. Any false and
unprivileged statement published or spoken deliberately, intentionally, knowingly with the
intention to damage someone's reputation is defamation. A man's reputation is treated as his
property and such damage are punishable by law. It could be written or verbal. Written
defamation, printed or typed material or images is called as libel and spoken defamation is
called slander.
History of defamation can be traced in Roman law and German law. Abusive chants were
capitally punishable in Roman. In early English and German law, insults were punished by
cutting out the tongue. In the late 18th century, only imputation of crime or social disease or
casting aspersions on professional competence constituted slander in England. The enactment
of Slander of Women Act added imputation of unchastity illegal. French defamation laws were
very severe. Conspicuous retraction of libelous matter in newspaper was severely punishable
and only truth is allowed as defence when the publication related to public persons. In Italy,
defamation is criminally punishable and truth seldom excuses defamation.
Defamation is categorized into two types written of liber and oral or slander are types of
defamation. Libel is an untrue defamatory statement that is made in writing. Slander is an
untrue defamatory statement that is spoken orally. According to Indian Law libel and slander,
are considered to be criminal offenses. Such statements are to be made in public to constitute
defamation.
Generally, defamation requires that the publication be false and without the consent of the
allegedly defamed person. Words or pictures are interpreted according to common usage and
in the context of publication. Injury only to feelings is not defamation; there must be a loss of
reputation. The defamed person need not be named but must be ascertainable. A class of
persons is considered defamed only if the publication refers to all its members particularly if
the class is very small- or if particular members are specially imputed.
Defamation is the publication of a statement which reflects on a person’s reputation and tends
to lower him in the estimation of right-thinking members of society generally or tends to make
them shun or avoid him.
Defamation as a Tort
Defamation is a type of tort that falls under the broader category of civil law. A tort is a
wrongful act that causes harm to another person or their property, and for which the injured
party can seek compensation. In the case of defamation, the harm is caused by the false
statement made by the defendant, which damages the reputation of the plaintiff.
Tort law provides a legal framework for individuals or entities to seek redress for harm caused
by another’s wrongful acts. Defamation is one of the many types of torts that can be committed,
and it carries legal consequences for the person who made the false statements. The plaintiff in
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a defamation case can seek monetary damages and other forms of relief, such as an injunction,
to stop the defendant from making further false statements.
As far as defamation under tort law is concerned, as a general rule, the focus is on libel (i.e.,
written defamation) and not on slander (i.e., spoken defamation). In order to establish that a
statement is libellous, it must be proved that it is
(i) false,
(ii) written;
(iii) defamatory, and
(iv) published
An interesting aspect of defamation as a tort is that it is only a wrong if the defamation is of a
nature which harms the reputation of a person who is alive. In most cases, this translates to
saying that it is not a tort to defame a deceased person since, as a general rule, the plaintiff
needs to be able to prove that the defamatory words referred to him. However, this does not
mean that there can be no cause of action if a dead person is defamed — if, for example, a
defamatory statement negatively impacts the reputation of a deceased person’s heir, an action
for defamation would be maintainable. Further, if an action for defamation is instituted, and
defamation is found to have been committed, damages will be payable to the plaintiff (usually,
the person defamed). In addition to this, a person apprehensive of being defamed in a
publication may seek the grant of an injunction to restrain such publication.
Essential Elements of Defamation
The elements of defamation in tort law are the key components that must be present for a false
statement to qualify as defamation. In general, there are five elements that must be present for
a statement to be considered defamatory:
1. False Statement of Fact: Defamation law requires that the statement in question be a false
assertion of fact, rather than a mere expression of opinion. This means that the statement must
be capable of being proven true or false based on objective evidence. Opinions, which are
subjective judgments or beliefs, are generally not considered defamatory because they cannot
be objectively verified. For example, saying "I believe John is a terrible actor" is likely an
opinion and not defamatory, while stating "John stole money from the company" is a statement
of fact and could be defamatory if false.
2. Publication to a Third Party: Defamation requires that the false statement be
communicated to a third party, someone other than the person making the statement (the
defendant) and the person being defamed (the plaintiff). This publication can occur through
various means, including spoken words, written words (such as in newspapers, books, or online
articles), or broadcast media (such as radio, television, or internet videos). The key is that the
false statement is made known to others, potentially causing harm to the plaintiff's reputation.
3. Harm to Reputation: The false statement must cause harm to the plaintiff's reputation. This
harm can manifest in various ways, including damage to the plaintiff's personal or professional
reputation, loss of business or income, or emotional distress. The extent of harm may vary
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depending on factors such as the nature of the statement, the prominence of the plaintiff, and
the audience's perception of the statement's truthfulness.
4. Falsity of Statement: Crucially, the statement must be objectively false to be considered
defamatory. Mere differences of opinion or subjective interpretations do not suffice. The
plaintiff bears the burden of proving that the statement is false and not a truthful representation
of facts. Additionally, the plaintiff must demonstrate that the defendant made the false
statement with knowledge of its falsity or with reckless disregard for the truth. This requirement
is essential for distinguishing between genuine defamation and legitimate expressions of
opinion or criticism.
5. Negligence or Intent on the part of Defendant: Finally, defamation law requires that the
defendant acted with either negligence or intent in making the false statement. If the defendant
acted with intent, they knew the statement was false and intended to cause harm to the plaintiff's
reputation. If the defendant acted with negligence, they made the false statement without
exercising reasonable care to determine its truth or falsity. This element helps ensure that
individuals are held accountable for the consequences of their statements, whether they were
made recklessly or intentionally.
In summary, defamation in tort law encompasses five key elements: a false statement of fact,
publication to a third party, harm to reputation, falsity of the statement, and negligence or intent
on the part of the defendant. These elements work together to establish the basis for a
defamation claim and provide a framework for balancing the protection of reputation with the
principles of free speech and expression.
Defamation Law in India
Article 19 of the Constitution grants various freedoms to its citizens. However, Article 19(2)
has imposed reasonable exemption to freedom of speech and expression granted under Article
19(1) (a). Contempt of court, defamation and incitement to an offence are some exceptions.
Defamation is an offence under both the civil and criminal law. In civil law, defamation is
punishable under the Law of Torts by imposing punishment in the form of damages to be
awarded to the claimant. Under the Criminal law, Defamation is a bailable, non-cognizable
offence and compoundable offence. Hence a policeman may arrest only with an arrest warrant
issued by a magistrate. The Indian Penal Code punishes the offence with a simple imprisonment
up to two years, or with fine, or both.
In India, there is no such distinction between libel and slander. Both libel and slander are
criminal offence. For better understanding, it can be divided into two categories:
i. Criminal
ii. Civil
Defamation as a crime The IPC under chapter XXI sections 499-502 protects an individual’s /
person’s reputation. Defamation against the state is contained in section 124A [Sedition],
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Section 153 of the Code provides for defamation of a class i.e., community [Riot], while section
295A deals with hate speech with regards to outraging religious sentiments. [Hate Speech]
Section 499 of the IPC defines ‘defamation’ as being committed:
i. Through: (i) words (spoken or intended to be read), (ii) signs, or (iii) visible
representations;
ii. Which: are a published or spoken imputation concerning any person;
iii. If the imputation is spoken or published with: (i) the intention of causing harm to
the reputation of the person to whom it pertains, or (ii) knowledge or reason to
believe that the imputation will harm the reputation of the person to whom it
pertains will be harmed.
This broad definition is subject to four explanations and ten exceptions.12 If a person is found
guilty of having committed defamation in terms of section 499 of the IPC, the punishment is
stipulated in section 500, simple imprisonment for up to two years or fine or with both. The Cr
PC, which lays down the procedural aspects of the law, states that the offence is noncognizable
and bailable. Those who are accused of the offence would generally not be taken into custody
without a warrant, and as such, an aggrieved person would not be able to simply file a police
complaint but would, in most cases, have to file a complaint before a magistrate. As far as the
'truth defence' is concerned, although ‘truth’ is generally considered to be a defence to
defamation as a civil offence, under criminal law, only truth is a defence to defamation as a
crime (assuming, of course, that it is demonstrably true) only in a limited number of
circumstances. This can make persons particularly vulnerable to being held guilty of having
committed defamation under the IPC even if the imputations they made were truthful .
To Whom does it benefit? Claimant or Defendant?
The balance of benefit in defamation law can vary depending on the specific circumstances of
each case and the jurisdiction in which it is tried. However, traditionally, defamation laws have
been structured to strike a balance between protecting an individual's reputation (the claimant)
and safeguarding freedom of expression (the defendant).
In many legal systems, the burden of proof lies with the claimant to demonstrate that the
statement in question is defamatory and false. Defendants, on the other hand, may benefit from
certain defenses such as truth, privilege, or fair comment, which can protect them from liability
even if the statement is deemed defamatory.
That said, the balance may shift depending on factors such as the jurisdiction's legal standards,
the nature of the statement, the parties involved, and prevailing societal norms. For instance,
in some jurisdictions, the law might be more favorable to claimants, offering stronger
protections against defamation, while in others, the emphasis might lean more toward
protecting freedom of speech, thus favoring defendants.
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Overall, it's challenging to determine a definitive answer as to who benefits more from
defamation law without considering the specific context of individual cases and the legal
framework in place.
1. Benefits to Claimants
- Defamation law provides claimants with a means to protect their reputation and seek
recourse if they believe they have been defamed. If someone spreads false and
damaging statements about them, defamation law allows claimants to take legal action
to restore their reputation and seek damages for any harm caused.
- Claimants may benefit from the ability to obtain court orders or injunctions to stop the
further spread of defamatory statements.
- Defamation law may also serve as a deterrent, discouraging individuals or entities from
making false statements that could harm someone's reputation.
2. Benefits to Defendants
- Defendants benefit from legal defenses available under defamation law. For instance,
if the statement in question is true, defendants may be protected from liability as truth
is generally a complete defense against defamation.
- Defendants may also benefit from other defenses such as privilege, which protects
statements made in certain contexts, such as during legal proceedings or in legislative
debates.
- Defamation law may also provide defendants with procedural protections, such as
requirements for claimants to prove specific elements of defamation, which can help
shield defendants from baseless or frivolous claims.
- In some cases, defendants may benefit from the ability to make fair comments or
expressions of opinion, which are protected under defamation law even if they are
critical or unfavorable.
Related Case Laws
1) The “D.P Choudhary & Ors. V. Kumari Manjulata” case acts as a perfect example
wherein the plaintiff’s reputation was at stake because of the actions of the defendant.
Kumari Manjulata, a 17-year-old from Kalal Colony, Jodhpur, was a member of a well-
educated family. Her family was involved in a case where the daily newspaper Dainik
Navjyoti published a false news item about her elopement with her boyfriend Kamlesh.
The defendant-appellants, Durga Prasad, the Principal Editor and Managing Editor,
were responsible for the news. The Hon'ble High Court of Rajasthan ruled that if a false
news item is published, it raises personal reservations about the individual. The court
found that the defendant-appellants published the news without verification, causing
the plaintiff-respondent and her family to lose their reputation and prestige. The court
also found that the words published by the defendant-appellant were defamatory, and
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general damages were presumed. The court concluded that the damages awarded by the
lower court were not excessive and that the amount was rightly decided. The case was
dismissed by the Hon'ble High Court of Rajasthan.
2) Mahendra Ram vs Harnandan Prasad was a defamation case heard in the Patna High
Court on February 28, 1958. The plaintiff claimed damages for defamation after
receiving a letter in Urdu that contained defamatory statements. The plaintiff, who did
not know Urdu, had someone else read the letter to him. The court ruled that the
defendant's actions amounted to defamation because he knew the plaintiff could not
read Urdu and needed assistance. However, the court also ruled that the defendant
would not be held liable if he was unaware that the plaintiff could not read Urdu and
would need someone else to read the letter.
Conclusion
Defamation law is designed to strike a delicate balance between protecting individuals'
reputations and upholding the principles of freedom of expression. While claimants benefit
from the ability to seek redress for harm caused by defamatory statements and to protect their
reputations, defendants also enjoy crucial protections afforded by legal defenses and procedural
safeguards. Claimants benefit from the opportunity to restore their damaged reputations and
seek compensation for any harm suffered as a result of defamation. They have recourse to legal
remedies to address false and damaging statements made against them, which can be essential
in preserving their personal or professional standing in society. However, defendants also
benefit from important safeguards under defamation law. Legal defenses such as truth,
privilege, and fair comment protect defendants from liability when their statements are
factually accurate, made in privileged contexts, or constitute expressions of opinion rather than
assertions of fact. Additionally, procedural requirements such as the burden of proof on
claimants and the need to establish specific elements of defamation provide defendants with
protection against baseless or frivolous claims. In conclusion, defamation law serves to balance
the competing interests of claimants and defendants, aiming to protect both reputations and
freedom of expression. While claimants benefit from the ability to seek redress for harm caused
by defamation, defendants also benefit from essential legal defenses and procedural
protections. The effectiveness of defamation law in achieving this balance depends on various
factors, including the specific circumstances of each case, prevailing societal norms, and the
evolving legal landscape.
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BIBLIOGRAPHY
1) https://www.livelaw.in/law-firms/law-firm-articles-/freedom-of-speech-constitution-
of-india-criminal-defamation-indian-penal-code-public-good-226396
2) https://ili.ac.in/pdf/paper10.pdf
3) https://timesofindia.indiatimes.com/blogs/voices/defamation-laws-in-india-protecting-
reputation-and-dignity/
4) https://legamart.com/articles/defamation-in-tort-law/
5) https://www.law.cornell.edu/wex/defamation
6) https://www.legalserviceindia.com/legal/article-2224-defamation-law-in-
india.html#google_vignette
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