CHANAKYA NATIONAL LAW

UNIVERSITY, PATNA

LEGAL RESEARCH
METHODOLOGY

Submitted To:- Submitted By:-

Mr. Vijyant sinha Mukul rathore
Faculty of Law Roll no. 1742
B.A.LLB (Hons.) 1st Semester
 AKNOWLEDGEMENT

The present project on the Privilege as a defence to a defamation suit has been able to get its
final shape with the support and help of people from various quarters. My sincere thanks go to all
the members without whom the study could not have come to its present state. I am proud to
acknowledge gratitude to the individuals during my study and without whom the study may not
be completed. I have taken this opportunity to thank those who genuinely helped me.

With immense pleasure, I express my deepest sense of gratitude to susmita singh mam, Faculty
for Law of Torts , Chanakya National Law University for helping me in my project. I am also
thankful to the whole Chanakya National Law University family that provided me all the
material I required for the project. Not to forget thanking to my parents without the co-operation
of which completion of this project would not had been possible.

I have made every effort to acknowledge credits, but I apologies in advance for any omission
that may have inadvertently taken place.

Last but not least I would like to thank Almighty whose blessing helped me to complete the
project.
INTRODUCTION

The topic deal with defamation ,truth ,tryth taken as a defence in defamation suit . Topic
tells what is defamation: Defamation is injury to the reputation of a person . Types of
defamation ,it is of two type i.e. (1)Libel (2)Slander .Then it tells what is truth : when
law recognises that the right of free speech violate the plaintiffs right to reputation law
considers such occasions to be privileged . Simply , if a person had privilege and he made
a defamatory statement to someone then , he will not be liable for the compensation or
the occasions are not actionable . It includes types of privilege i.e. (1) Absolute & (2)
Qualified . And also , how the defence of privilege is available in case of defamation.
When the absolute privilege and when qualified privileged is available to the defendant
as a defence . But the most important defence is Truth .If the statement at issue is
substantially true , a defamation claim cannot succeed because you have a right to publish
truthful information even if it injures another reputation . But truth is not the only
defence that may be available . For example , if you publish a defamatory allegation made
by a party in a lawsuit , even if it turns out that the allegation is false , a defamation
claim against you cannot succeed because you had a right to report on allegation made
in court regardless of whether they are true . Keep in mind , however , the privileges are
not available in all circumstances or in every state .
 (1) CONCEPT OF DEFAMATION:

Defamation is the term used to describe statements that harm another persons reputation and
for which the speaker can be held liable in court. The defamation category is broadit includes
both libel, or written statements, and slander, or spoken statements. In order to be liable for
defamation, a defendant has to have made a statement about the plaintiff that was false, was
made to a third party, and that injured the plaintiffs reputation.1 Simply, Defamation is injury
to the reputation of a person . A mans reputation is his property and might be more
valuable than other property . And if , a person cause any injury to the reputation of any
person , he does this at his own risk . As anyone enters into the property of any others
without the consent of that person .Then he done that on his own risk . Because
reputation is also a property of a person . Every man has a right to have his reputation
preserved inviolate . It is a jus in rem ,a right good against all the world . The wrong of
defamation protects reputation and defences to the wrong , truth and privilege protects the
freedom of speech . The existing law relating to the defamation is a reasonable restriction
on the fundamental rights of freedom of speech and expression conferred by Article
19(1)(a) of Indian constitution and is saved by clause (2) of article 19.

Article 19(1) in The Constitution Of India 19492

(1) All citizens shall have the right
(a) to freedom of speech and expression.

Article 19(2) in The Constitution Of India 19493

(2) Nothing in sub clause (a) of clause ( 1 ) shall affect the operation of any existing law, or
prevent the State from making any law, in so far as such law imposes reasonable restrictions on
the exercise of the right conferred by the said sub clause in the interests of the sovereignty and
integrity of India, the security of the State, friendly relations with foreign States, public order,
decency or morality or in relation to contempt of court, defamation or incitement to an offence

The wrong of defamation may be committed either by way of writing , or its equivalent ,
or by way of speech . A defamatory statement is a statement calculated to expose a
person to hatred , contempt or ridicule or to injure him in his trade , business , profession ,
office , or to cause him to be avoided in the society .

1
http://www.rotlaw.com/legal-library/what-is-the-privilege-defense-to-defamation/11.10.2013/8:00 pm IST
2
http://www.indiankanoon.org/doc/1142233/ 11.10.2013 /8:35pm IST
3
http://www.constitution.org/cons/india/p03019.html/11.10.2013/8:55 pm IST
There are two types of defamation:

(1)LIBEL:

A libel is a publication of false and defamatory statement tending to injure the

reputation of another person without lawful justification or excuse . The statement must
be expressed in some permanent form . For example: writing , printing , pictures , statue
etc. At common law a libel is a criminal offence as well as a civil wrong . A libel is
of itself infringement of a right and no actual need be proved in order to sustain an
action .Defamation of a person taken to be false until it is proved to be true . For the
defamatory statement plaintiff has to allege in his plaint that statement was made with
malice . Malice here means that publication was without just cause or excuse . The motive
of the defendant is not material in determining liability . In case of libel , it is not
necessary to prove the actual loss of reputation . It is sufficient to establish that the
defamatory statement made could damage one reputation .

(2)SLANDER:

A Slander is a false and defamatory statement by spoken words or gestures tending to

injure the reputation of others . A slander is defamation in a transient form . slander is a
civil wrong only . at common law , a slander is actionable only when special damage can
be proved to have been its natural consequences or when it conveys certain imputations
. Under criminal law slander is no offence . Slander is actionable , save in exceptional
cases , only on the proof of special damage . Exceptional cases are :

(i) Imputation of criminal offence to the plaintiff.

(ii) Infectious disease to the plaintiff ,which has the effect of preventing others from
associating with the plaintiff .
(iii) Imputation that a person is incompetent , unfit in regard to the office , profession ,
calling , trade , business , on by him .

(iv) Plaintiff is a woman or girl , and the words impute adultery to her .

(1) ESSENTIALS OF DEFAMATION

There are three essentials of defamation :

(i)The statement made be defamatory ;

Defamatory statement is statement which tend to injure the reputation of plaintiff . The
defamatory statement could be made in different ways . It may be oral , in writing ,
printed or by the exhibition of a picture , or by some conduct . Whether a statement is
defamatory or not is depend on how the right thinking members of the society are likely
to take it . If the effect of statement is the injury to the plaintiffs reputation , it is no
defence to say that it was not intended to the plaintiffs reputation , it is no defence to
say that it was not intended to be defamatory . When the statement cause anyone
feeling of hatred , contempt , ridicule , fear , dislike it is defamatory . The essence of
defamation is injury to a persons reputation or character.
D.P. CHOUDHRY v. MANJULATA ,4

In this case there was publication of a statement in a local daily of Jodhpur on the
date of 18th dec 1977 That , a girl named Majulata 17 years of age went out of her house
on the earlier night at 11 p.m. to attend the night classes . And despite of attending the
night class she run away with a boy whose name was Kamlesh . Manjulata belonged to
a well educated family and was herself a student of B.A. class . The news published in
the local daily was not true and had been published with utter irresponsibility and
without any justification . Though the publication was not true , therefore the publication
was said to be defamatory . Such publication had resulted in her being ridiculed and also
affected her marriage prospects . Manjulata filed a suit against the local daily of
defamation .And , though the statement was not true and defamatory .It was held that
defendant was liable for the compensation .

SOUTH INDIAN RAILWAY Co. V. RAMAKRISHANAN5

In this case, there was a railway guard was an employee of the defendant South
Indian Railway .And the guard went to a wagon for checking the tickets of the
passengers . Guard demanded for the ticket from the plaintiff in the presence of other
passengers and said that I suspect that you are travelling without ticket or with false
ticket . But , the plaintiff produced the which was in order .The plaintiff think that it
was his defamation . So , he filed a suit against the South Indian Railway for the
defamation for the words spoken by the railway guard to him .But it was held that it
was no any defamation . Because the words spoken by the railway guard were the bona
fide under the circumstances of the case . so, the Railway company no liable for
defamation .

4
DR. R K Bangia,Law of torts,p.g.186,A.I.R. 1997 Raj 170
5
Ratanlal and Dhirajlal, The Law of Torts, p.g. 303,(1889) ILR 13 Mad 34
Intension to defame is not necessary When the words are considered to be defamatory
to whom the statement is published , there is defamation . Even though the person
making the statement believed it to be innocent . It is immaterial that the defendant did
not the facts because of which a statement otherwise innocent , is considered to be
defamatory . The jury found that words conveyed defamatory meaning and for that
defendant was held liable for the compensation ..

(ii)THE STATEMENT MUST REFER TO THE PLAINTIFF

For the action of defamation , the plaintiff has to prove that the statement of which he
complains referred to him . It is immaterial that the defendant did not intend to defame
the plaintiff . If the person to whom the statement was published could reasonably infer
that the statement refer to the plaintiff , the defendant is nevertheless the liable

HULTON Co. V. BARRISTER JONES ,6-

In this case Hulton publish a book in that book , there was a character named Artemus
Jones .Who was of bad character . And after reading the book people thought that the
Barrister Jones a man in existence is same character of Artemus Jones in the book . As
the Artemus Jones was a man of bad character , people thought that Barrister Jones WAS
ALSO A BAD Character man. Then Barrister Jones filed a suit against Hulton . The court
was held that Hulton & Co. Was liable as what is meant is not relevant but what is hit
is relevant .

6
A Laxminath and M Sridhar, The Law of Torts,p.g:376,A.I.R.1985 (1910) AC 20
 CASSIDY v. DAILY MIRROR NEWSPAPER7-

In this case in , Daily Mirror Newspaper there was an article on horse race . Mr. Cassidy
who was married to a lady who called herself as Mrs. Cassidy or Mrs Corrigan . She
was known as lawful wife of Mr. Cassidy who didnot live with her but occasionally
came and stayed with her at her flat . The defendant publish in their newspaper a
photograph of Mr. Corrigan Miss X with the following words :Mr M Corrigan , the
race horse owner ,and Miss X Whose engagement has been announced . so for this
Mrs Corrigan filed a suit against defendant for liable alleging that the innuendo was that
Mr. Corrigan was not her husband and he lived with her in immoral cohabitation .

(iii)THE STATMENT MUST BE PUBLISHED

Publication means making the defamatory matter known to some person defamed , and
unless that is done ,no civil action for defamation lies . Sending the defamatory letter to
the plaintiff in a language supposed to be known to the plaintiff is no defamation . 8If a
third person wrongfully reads a letter meant for the plaintiff , the defendant is not liable .
When the father opened his sons letter , and sealed letter , there was no publication by
the defendant and he was not liable .

7
Dr. R.K.BANGIA, Law of Torts, ,p.g:192,(1929),2 KB 331
8
John Murphy and Christan Witting,Street of Tort, p.g.524,