What do you mean by Defamation?

Defamation

Defamation is a kind of wrong done to a person’s reputation. It consists of publication of a defamatory statement about a person by another person to be communicated to a third person or persons. When a defamatory statement is oral(spoken)it is called a slander, when it is written it is called libel.

A defamatory statement may also be made by means of a representation, for example, a picture, effigy, statue or caricature. In 1934 a case of defamation by a film called ‘Rasputin the Mad Monk’ was decided in England in favor of Russian  princess. The princess sued the Metro Goldwyn Mayer Company(MGM), for damages for libel by the above film and received $25,000 for libel.

In India a person can sue for slander as well as for libel because both wrongs are criminal offences under the Indian Penal Code. A statement or representation is said to be defamatory when it is likely to injure him with regard to his private character, competence or solvency or with regard to his business or professional reputation or social status.

In a suit for damages for defamation the person (plaintiff) whose reputation is attacked has to prove first that the defendant communicated the statement complained of third person or persons, and secondly that the statement is defamatory. When a person speaks of ‘reputation’ it means the reputation in which he is held by reasonable and right – thinking men.

When the plaintiff proves that a defamatory statement was communicated  by the defendant, he has proved his case. Then the defendant has to prove that the statement made by him was true and for the public good. If he does not, he will not be liable to pay damages to the plaintiff; if he does not, he will be liable to pay damages.

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Buxone Out Of The Box December 05, 2017