A .
Introduction
A man’s reputation is valuable property, and everyone has the inherent personal right to protect
it. This right is a jus in rem, enforceable against all. Defamation is any oral or written statement
that damages another person’s reputation.
B . Definitions
1. Merriam Webster
“The act of communicating false statements about a person that injures the reputation of that
person.”
2. Layman
“The act of communicating to a third-party false statement about a person that results in
damaging that person's reputation.”
C . Kinds of Defamation
1. LIBEL
Definition
A libel is a publication of a false and defamatory statement in some permanent form, tending to
injure the reputation of another person, without lawful justification or excuse.
Ingredients
1. The statement must be false
The falsity of the statement is presumed in favour of the plaintiff, who need not prove it. The
burden lies on the defendant to prove its truth.
2. It must be in a permanent form
The statement must be in writing, print, or other lasting form such as a film or record. For
instance, a defamatory portrayal in a movie amounts to libel.
3. It must be defamatory
A statement is defamatory if it
(i) exposes the plaintiff to hatred, contempt, ridicule, or obloquy,
(ii) tends to injure him in his profession or trade, or
(iii) causes him to be shunned or avoided by society.
Libel is actionable per se
Being in permanent form, it is presumed that the person defamed has suffered legal damage, so
proof of actual damage is not required.
MONSON v. TUSSAUDS, (1894) 1 Q.B. 671. The exhibition of a wax effigy of a person who
has been tried for murder and acquitted, in the company of the effigies of notorious criminals, is
defamatory because this shows that although not found guilty, he was in fact a criminal.
Mitha v. Nusservanji (1941) 43 Bom. L. R. 631
The defendant published in a newspaper that a lady, who was an instructor in physical culture
and dancing and also ran an industrial institution for poor Parsi girls, was unfit to carry on her
profession and might ruin the future of the girls trained under her. It was held to be a case of
gross libel.
2 . SLANDER Definition
Slander is a false, defamatory oral or transient statement injuring another’s reputation without
lawful justification. Reputation means public opinion. Slander is not actionable per se and
requires proof of special damage, except in five recognized cases.
Ingredients of slander
1. The matter complained of must be defamatory.
A matter is defamatory when it lowers the plaintiff in the esteem of others, causes him to be
shunned, or exposes him to hatred, contempt, ridicule, or injures him in his profession.
Illustration
Person A says that Person B has leprosy, which is defamatory. However, if Person A says that
Person B has smallpox, it is not defamatory.
2. It must be false and not privileged or a fair bona fide comment.
3. It must refer to the plaintiff.
4. It must be published.
5. It must be published by the defendant.
6. There must be special damage to the plaintiff, except in five cases where slander is actionable
per se.
Slander Actionable Per Se
Normally, slander requires proof of special damage, but it is actionable per se in the following
cases:
1. Accusation of Criminal Offence
Words imputing a criminal offence punishable corporally (e.g., murder, robbery, theft, arson) are
actionable per se.
Illustration
Person A falsely charges Person B with rape or murder, which is actionable. However, if Person
A accuses Person B of a minor parking offence, it is not actionable.
2. Accusation of Virulent Disease
Words suggesting a person suffers from a contagious disease (e.g., venereal disease or leprosy,
not smallpox) are actionable per se.
Illustration
Person A says that Person B has leprosy. This is actionable without proof of damage
3. Imputation Against Office, Profession, or Trade
Slander about professional incapacity or misconduct is actionable per se.
Illustration
Person A says that Person B, who is a doctor, is incompetent, which is actionable. But if Person
A alleges immorality in Person B’s private life, it is not actionable unless the allegation is
connected with the profession.
4. Imputation of Unchastity in Woman or Girl
Words imputing unchastity or adultery to a woman or girl are actionable per se.
Illustration
Person A calls Person B, a woman, unchaste or immoral. This is actionable without proof of
damage.
5. Aspersion on Caste
Alleging a high-caste woman belongs to a lower caste is defamatory to her and her husband,
and actionable per se.
Illustration
Person A says that Person B, a high-caste woman, belongs to a lower caste. This is actionable
without proof of damage.
D . Slander and Libel Distinguished
1. Written or Oral
Libel is defamation in a written or permanent form, addressed to the eye, while slander is oral or
transient, addressed to the ear. Even words spoken by a parrot are slander.
2. Permanent or Transient
Libel is permanent (writings, statues, caricatures, phonograph records, audio cassettes), while
slander is transient (spoken words or gestures).
3. Tort or Crime
In England, libel is both tort and crime; slander is only a tort, though it may attract criminal
liability if blasphemous, seditious, obscene, or a solicitation to commit crime. In India, both are
torts and crimes.
4. Whether Actionable Per Se
Libel is actionable per se without proof of damage. Slander is not, except in five recognized
cases (crime, disease, professional misconduct, etc.).
5. Presence of Malice
Libel implies deliberation and malice; slander may be spoken suddenly or under provocation
and does not always imply malice.
6. As to the Publisher
A libel publisher may be innocent and not liable; in slander, publication is conscious and
voluntary, making the publisher liable.
7. Limitation
In England, libel: 6 years; slander: 2 years. In India, both have a limitation period of 1 year.