Understanding Defamation Law: Types, Distinctions, and Defenses

Defamation

Defamation is the “publication of a statement which tends to lower a person in the estimation of right-thinking members of society generally; or which tends to make them shun or avoid that person.”

Kinds of defamation:

According to English Law, defamation is of two kinds: Libel and Slander. “A libel consists of a defamatory statement or representation in permanent form; if a defamatory meaning is conveyed by spoken words or gestures it slanders.” Slander is converted into libel when spoken words are written on paper.

How libel is committed:

Printing, mark or sign exposed to view, picture, statute, waxwork etc. Libel refers to eye.

How slander is committed:

Defamation in the manual language of the deaf and dumb, and mimicry and gesticulation generally. It refers to ear.

Distinction between libel and slander:

Following are some distinctions between libel and slander:

1. Action: Libel in all cases is actionable per se while special damage is to be proved in slander to constitute slander.
2. Liability: Libel is both tort and crime whereas slander is only tort or civil wrong.
3. Mode of defamation: Writing or telecasting or broadcasting commits libel whereas slander is verbal statement.
4. Magnitude: Libel is greater than of slander in magnitude.
5. Publication: Slander becomes defamation when it is known by third person whereas libel does not need publication.
6. Time period: Libel is permanent defamation whereas slander is temporary defamation.

Exceptions in slander:

There are some exceptions, which make slander actionable per se. They are as follows:

• Imputation of a criminal offence punishable with imprisonment.
• Imputation of dangerous disease which prevent other person to associate plaintiff.
• Imputation of unfitness or disqualification or incompetence in any office, profession, trade, or business
• Imputation of unchastely to any woman or girl.
• Fifth exemption has been repealed that is imputation of caste which lowers position of plaintiff

Defences:

There are three defences, i.e., justification or truth, fair comments, and privilege.

Justification or truth: Action cannot be taken if the person responsible of defamation proves justification or establishes that it is true or substantially true. If contrary is not proved by defendant, Court will award heavier damages against him. Substantial truth is enough to prove justification. In a case of Alexander – v – N. E. Rly, the plaintiff was convicted for travelling without ticket in a train and was fined one pound or imprisonment of two weeks in default of payment. Defendant published one pound fine and three weeks imprisonment in default of payment. Held the statement was substantially true.

Fair comments: For the purpose of public interest fair comment is good defence. If a person says to another that do not give him your house on rent to X being defaulter is fair comment and not actionable. X should be proved defaulter. Fair comments must contain public interest, an expression of opinion and not an assertion, must fair and must not be malicious.

Privilege: It is a statement which is between the two parties which are integral part of each other like husband and wife, judge and parties etc. There are two types of privilege, i.e., absolute privilege and qualified privilege. In absolute privilege any thing can be said even malice but in qualified privilege statement should not contain malice.

Judicial privilege: Dialogues between parties, advocates, judges are not actionable being defamation. They have complete privilege and action can not be taken against the statements, which are given in the proceedings of cases

Parliamentary privilege: Parliamentary members have also privilege. Statements or dialogues exchanged in parliament are not actionable and all the parliamentary members have privilege to exchange any sort of statement

Official privilege: Defamatory statement of one officer to other during the course of employment is complete defence.

Husband and wife: Exchange of statements between husband and wife is not defamation unless third party is involved.