TORT PRESENTATION SCRIPT

Introduction:-

अकीर्तिं चापि भत ू ानि कथयिष्यन्ति तेऽव्ययाम ् ।

सम्भावितस्य चाकीर्तिर्मरणादतिरिच्यते ॥ ३४ ॥
- This is the 34th verse from the second chapter of bhagwat Geeta.
- And it translates as People will always speak of your infamy, and for a respectable
person, dishonor is worse than death.
- This holds even in modern times where reputation is considered one of the most valuable
assets one can possess.
- Good Morning/ Afternoon everyone, I, Upasana Tyagi am here to present on the topic
“Who does the current law on defamation benefit the most?- Claimant or Defendent?”

Slide 1
The history of defamation can be traced back to Roman and German law. In the late 18th century,
slander was only considered imputation of crime or social disease. In France, defamation laws
were severe, with only truth allowed as defense. In Italy, defamation is criminally punishable.
Defamation is the act of presenting false statements about a person that harms their reputation. It
can be written or verbal, with libel being written and slander being spoken. It requires the
publication to be false and without the defamed person's consent.

Slide 2
Defamation is a civil law tort that involves a wrongful act that causes harm to another person or
their property, leading to compensation for the injured party. In defamation cases, the plaintiff
seeks monetary damages and relief, such as an injunction, to prevent the defendant from making
further false statements. The focus is on libel, which is written defamation, rather than slander.
Defamation is only a wrong if it harms the reputation of an alive person, but if a deceased person
is defamed, an action for defamation can be maintained. If an action is instituted, damages will
be payable to the plaintiff.

Slide 3
Defamation in tort law consists of five key elements: a false statement of fact, publication to a
third party, harm to reputation, falsity of statement, and negligence or intent on the part of the
defendant. These elements establish the basis for a defamation claim and balance the protection
of reputation with the principles of free speech and expression. The plaintiff must prove the
statement is objectively false and that the defendant acted with knowledge of its falsity or
reckless disregard for the truth.
Slide 4
Article 19 of the Indian Constitution grants freedoms to citizens, with exceptions for contempt of
court, defamation, and incitement to an offense. Defamation is an offense under both civil and
criminal law, with penalties in civil law and criminal law. In India, libel and slander are criminal
offenses. The Indian Penal Code (IPC) protects an individual's reputation, with sections 499-502
defining defamation as imputations with the intention of harming the person's reputation.

Slide 5
Defamation law aims to balance the protection of an individual's reputation (claimant) with the
protection of freedom of expression (defendant). The burden of proof lies with the claimant,
while defendants may benefit from defenses like truth, privilege, or fair comment. However, the
balance may shift based on jurisdictional legal standards, statement nature, parties involved, and
societal norms. Determining who benefits more from defamation law is challenging without
considering individual cases and legal frameworks.

Slide 6
Defamation law offers claimants protection and recourse in cases of defamation. It allows them
to take legal action to restore their reputation and seek damages for any harm caused. Claimants
can also obtain court orders or injunctions to stop the spread of defamatory statements. The
Defamation Law also acts as a deterrent against false statements.

Slide 7
Defamation law offers defendants legal defenses, such as truth protection, privilege protection,
procedural protections, and the ability to make fair comments or expressions of opinion. Truth is
a complete defense against defamation, while privilege protects statements made in specific
contexts. Procedural protections require claimants to prove specific elements of defamation,
shielding defendants from baseless claims. In some cases, defendants may also benefit from the
ability to make critical or unfavorable comments.

Slide 8
The "D.P Choudhary & Ors. V. Kumari Manjulata" case involved a 17-year-old girl from Kalal
Colony, Jodhpur, who was involved in a false news item about her elopement with her boyfriend
Kamlesh. The defendant-appellants, Durga Prasad, were responsible for the news. The Hon'ble
High Court of Rajasthan ruled that false news raises personal reservations about an individual
and that the defendant-appellants published the news without verification, causing the plaintiff
and her family to lose their reputation and prestige. The court dismissed the case.

Conclusion
Defamation law balances the interests of claimants and defendants, protecting reputations and
freedom of expression. Claimants can seek redress for harm caused by defamatory statements
and seek compensation. Defendants have legal defenses like truth, privilege, and fair comment to
protect against false statements. Procedural requirements protect against baseless claims. The
effectiveness of defamation law depends on specific case circumstances, societal norms, and the
evolving legal landscape. Overall, defamation law aims to protect both parties' interests.