INTRODUCTION

 Defamation, by definition, is damaging someone's reputation by false statements. As stated in

Dixon v. Holden1, "A man's honour is his property, and he who injures another's property is
responsible for the lawsuit2." The statement basically says that a person's reputation is
everything to him and he will lose everything if it is ruined.
 Telling lies with the intention of harming the honour or good name of others is called slander.
"Defamation is any word that spreads rumors about a person that is likely to insult a person
among reasonable members of the public, or is an object of hatred, contempt, or ridicule, or
that is harmful to their business, trade, or place of business."
 Defamation can be both a civil and criminal offense.
• In civil law, defamation is punishable by punitive damages (monetary damages).
• Defamation can be an indictable offense or cognizable in criminal law.
 The offense is defined under Section 499 of the IPC. This article defines defamation as
making or publishing false or slanderous statements about a person by spoken or written
words, signs, or visual representations. Defamation of the accused.

 Additionally, accusations or claims against a deceased person will be considered defamatory

if it harms the reputation of a resident or a member of that person's family. Additionally, any
allegations or claims made about a business, association, or group of people may be
considered defamatory.

 Further, an allegation or charge under this section shall not be prejudicial to the reputation of
any person unless it directly or indirectly damages that person's reputation or affects the caste
character of that person. the human body is in an undesirable state.
TYPES OF DEFAMATION
1. Libel: Defamation in writing is called Libel. Defamation can also be done through visible
media such as print (magazines, newspapers), pictures, sculptures and films. False and
defamatory written statements.
For example, "A" publishes an advertisement claiming that "B" is bankrupt, even though
"B" is not; so it's a visual representation.
2. Slander: Defamation can also be defined as verbal abuse directed at a small group. This
is a slanderous term. It is the spread of slanderous words through short actions such as
gestures or spoken words3.
1
(1869) LR 7 Eq 488
2
Monazza sajid, ‘defamation’[2020]< https://indianlegalsolution.com/defamation/>accessed 5 july 2020
3
Samridhi m, ‘defamation under Indian penal code’<https://lawctopus.com/clatalogue/clat-ug/ipc-notes-
defamation-under-the-indian-penal-code/accessed> 2 january 2024
 For example, when 'M' doubts N's innocence in conversation, 'M' is defamation.
ESSENTIALS OF DEFAMATION

1. Making or publishing any imputation concerning any person.

 Statements are considered defamatory under defamation law only if they are patently
false. The word of truth is not slander. Then, because it is subjective to the speaker, those
assertions are not false by definition. Composer is someone who writes or writes slander.
If someone writes the content and someone else writes it, it's both parties' fault. Likewise,
if one person writes, another speaks, and the third consents, all three are guilty. The
bottom line is that anyone who consents to an illegal act is guilty of a crime.
 In the case of Cassidy v Daily Mirror Newspapers Ltd4. The defendants published in
their newspaper a photograph of Mr. Cassidy and Miss 'X' under the title "Mr. M.
Cassidy, Proprietor of the Race House, and Miss 'X', whose engagement is announced."
Mr Cassidy did not live with his common-law wife (Mrs Cassidy) but occasionally stayed
with her in his flat. Mrs. Cassidy sued the defendant for defamation, alleging that the
rationale for the statement was that Mr. Cassidy was not her husband and was having an
immoral cohabitation with her. The court held that even though the statement appeared
innocent on its face, the prohibition was established.
2. Such an imputation must have been made by
a) Words, uttered or intended to be read;
b) Signs/gestures; or
c) Visible representations5
 In Jacob v. Mathew Manikanthan6, the appellant admitted that he was injured and
defamed after four photos of the incident were published in the newspaper. It can never be
established that the photographs were published in the newspaper, with reason to believe
that it would harm the knowledge or reputation of the plaintiff, because they were
encouraged to document the incident and not focus attention on any person. . The lawsuit
should be dismissed.
3. Imputation made with the intention, knowledge or reason to believe that such
imputation will harm the complainant.
 It must be done with the knowledge that the applicant will be harmed or accused. No
special damage required. To determine whether a notice is defamatory, the order must

4
[1929] 2 K. B. 331
5
Oishika banerji, ‘defamation law in india’< https://blog.ipleaders.in/defamation-law-in-india/>accessed 22
august 2022
6
2012 (3) KLJ 567
 find that, given the context of the writing, a reasonable person would understand it to be
defamatory.

DEFAMATION OF THE DEAD

 In the event that someone mocks another individual who has died or is already deceased
through any written, spoken, gestural or visual methods. It will then be considered
defamation because it would damage the reputation of the person if he were alive, or if it
would damage the reputation of the family or close relatives of the deceased.

DEFAMATION OF A COMPANY OR A COLLECTION OF PERSONS

 Defamation occurs when the intention is to harm a corporation, association, or a group of

people. This means that an organization or business can defame a person.
 Subramaniam Swamy v Union of India7
In 2014, Mrs. Jaylatitha accused Dr. Subramaniam Swamy of corruption. Mrs. Jaylatitha
then accused Dr. Subramaniam Swamy of defamation. In response, he said that sections
499 and 500 of the Indian Penal Code were constitutional.
In this case, the court upheld the constitutionality of the crime of criminal defamation.
and rejected the notion that sections 499 and 500 of the Indian Penal Code impose
reasonable restrictions on freedom of speech and expression8.

DEFAMATION BY INNUENDO

 In this case, the article or content is not defamatory in the first place; therefore, the
complaining party must prove that the seemingly innocent words, given the relevant
circumstances and the style of publication, are defamation.

Illustration

 Z says X is an honest man and never stole my watch. Now this word may be innocent at
first, but if the person who gave it explains that he is a dishonest person who has stolen X
watch, it can be slander.

7
AIR 2016 SC 2728
8
S.N.Mishra, Indian penal code (17th edn, central law publications, Allahabad, 2009) 761-763.
WHAT IS HARMING REPUTATION?

 According to Explanation 4 to Section 499, a person's reputation is harmed if an act

damages a person's moral or intellectual property or lowers his credit. Also, if the
behavior detracts from the character of a person in relation to their role or calling, it
interferes with their reputation9.

9
K.D.Gaur, commentary on the Indian penal code (2nd edn, central law publications, prayagraj, 2022) 984-985