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DEFAMATION[1]
QUESTION BANK
- 1 Define the “Defamation”, and explain in detail defence of defenses?
- 2 What constitutes the offence of defamation under the IPC? Briefly give the . defaces available to a charge of defamation.
SHORT NOTES
- Defamation
SYNOPSIS
I] Meaning & Definition
- A) Defamation (S. 499)
- B) Explanations
1) Defamation of deceased
2) Defamation by ironical expression
3) No defamation unless lowers status
- C) Exceptions
1) Imputation for public good
2) Expression of opinion as to public conduct of a public servant
3) Expression of opinion as to conduct of any person touching any public
question
4) Publication of report of proceedings or result of a Court of Justice
5) Express opinion as to merit of decided case or conduct of witness or others
6) Express opinion as to merits of public performance
7) Censure passed in good faith
8) Accusation preferred in good faith to authorized person
9) Imputation in good faith for protection of his or others interest
10) Caution intended for good of persons to who conveyed or for public good
II] Punishment (S. 500)
III] Allied Offices
I] Meaning & Definition:-
‘Defamation’ is an offence against a person’s reputation; every person has the right to protect and preserve his reputation. Even the fundamental right of freedom of speech and expression is subject to reasonable restrictions. Not to defame is one of the restrictions on the right of freedom of speech and expression. The law of defamation’s chief purpose is to protect a man’s reputation.
Defamation is both a civil and a criminal wrong. Therefore, it is also called a “felonious tort.” We have already discussed defamation as a civil wrong in “Tort;” now, in this topic, we will discuss defamation as a criminal wrong.
A) Defamation (S. 499):-
Whoever,-
| i) by words spoken
or intended to be read, or ii) by signs or by visible representations, |
makes or publishes any imputation[2] concerning any person.
|
(i) intending to
harm or (ii) knowing or having reason to believe that such imputation will harm |
the reputation of such a person
|
-is said (except in cases hereinafter excepted) to defame that person.
B) Explanations-
There are the following 3 explanations for the definition, viz.
1) Defamation of Deceased:-
It may amount to defamation to impute anything to a deceased person if the imputation would harm the reputation of that person if living and is intended to harm the feelings of his family or other near relatives.
2) Defamation by Ironical Expression:-
Imputation in the form of an alternative or expressed ironically may amount to defaming active.
3) No Defamation Unless Lowers Status[3];-
No imputation is said to harm a person’s reputation unless that imputation is directly or indirectly in the estimation of others.
- i) lowers the moral or intellectual character of that person or
- ii) lowers the character of that person in respect of his caste
or of his calling, or
iii) lowers the credit of that person or
- iv) causes it to be believed that the body of that person is in a
the loathsome or disgraceful state
Illustration
- a) A says-Z is a honest man, he never stole B’s watch, intending to cause it to be believed that Z did steal B’s watch. This is defamation, unless it falls within one of the exception.
- b) A is asked who stole B’s watch. A point to Z, intending to cause it to be believed that Z stole B’s watch. This is defamation unless it falls within one of the exceptions.
- c) A drew a picture of Z running away with B’s watch, intending it to be believed that Z stole B’s watch. This is defamation unless it falls within one of the exceptions.
C) Exceptions or Defences:-
To the offences of defamation, there are 10 exceptions or defences provided by
- 499.
1) Imputation for Public Good[4]
It is not defamation to impute anything which is true concerning any person if it is for the public good that the imputation should be made or published.
2) Expression of Opinion as to the Public Conduct of a Public Servant[5]
It is not defamation to express in good faith any opinion whether respecting the conduct of a public servant in a discharge of his public function or respecting his character appears in that conduct and no further.
3) Expression of Opinion as to the Conduct of any Person Touching any Public
Question[6] :-
It is not defamation to express in good faith any opinion, whatever respecting the conduct of any person touching any public question and respecting his character, appears in that conduct.
Illustration
It is not defamation in A to express in good faith any opinion whatever respecting Z’s conduct in petitioning the Government on a public question, in signing a requisition for a meeting on a public question, in presiding or attending such meeting, in forming or joining any society which invites the public support, in voting or canvassing for a particular candidate for any situation in the efficient discharges of the duties of which the public is interested.
4) Publication of Report of Proceedings or Result of a Court of Justice[7]:-
5) Express Opinion as to Merit of Decided Case or Conduct of Witness or
Others[8]:-
It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice, witness or agent in any such case, or respecting characters of such person, as far as his character appears in that conduct and no further.
Illustration
- a) A says-I thinks Z’s evidence on that trial is so contradictory that he must be stupid or dishonest, A is within this exception if he says this in good faith, inasmuch as the opinion which he expresses respecting Z’s character as it appears in Z’s conduct as a witness, and no further
- b) But if A says—I do not believe what Z asserted at that trial because I know him to be a man without veracity, A is not within this exception, inasmuch as the opinion which he expresses of Z’s character is an opinion not founded on Z’s conduct as a witness.
6) Express Opinion as to Merits of Public Performance[9]:-
It is not defamation to express in good faith any opinion that respects the merits of any performance, which it has submitted to the judgment of the public, or respecting the character of the author. So far, the character appears in such a performance, and no further.
Explanation– A performance may be submitted to the public’s judgment expressly or by acts on the part of the author which imply such submission to the public’s judgment. Illustration
- a) A person who publishes a book submits that book to the judgment of the public.
- b) A person who makes a speech in public submits that speech to the public’s judgment.
- c) An actor or singer who appears on a public stage submits his acting or singing to the public’s judgment.
- d) A says of a book published by Z, “Z’s book is foolish; Z must be a weak man. Z’s book is indecent; Z must be a man of impure mind”. A is within the exception if he says this in good faith, inasmuch as his opinion of Z respects Z’s character only so far as it appears in Z’s book and no further.
- e) But if A says, “I am not surprised that Z’s book is foolish and indecent, for he is a weak man and a libertine”. A is not within this exception, inasmuch as the opinion he expresses of Z’s character is not founded on Z’s book.
7) Censure[10] Passed in Good Faith:-
It is not defamation in a person having over another any authority, either conferred by law or arising out of lawful conduct made with that of other, to pass in good faith any censure on the conduct of that other in the matter to which lawful authority relates.
Illustration
A Judge censuring in good faith the conduct of a witness or of an officer of the Court, a head of a department censuring in good faith those who are under his orders; a parent censuring in good faith a child in the presence of other children; a schoolmaster, whose authority is derived from a parent, censuring in good faith a pupil in the presence of other pupils; a master censuring in good faith the cashier of his bank for the conduct of such cashier as such cashier is within this exception.
8) Accusation[11] Preferred in Good Faith to Authorized Person:-
It is not defamation to prefer in good faith an accusation against any person to any of those with lawful authority over that person concerning the subject matter of accusation.
Illustration
If A in good faith accuses Z before a Magistrate; if A in good faith complains of the conduct of Z, a servant, to Z’s master; if A in good faith complains of the conduct of Z, a child, to Z’s father – A is within this exception.
9) Imputation in Good Faith for the Protection of his or others’ Interest:-
It is not defamation to make an imputation on the character of another, provided that the imputation be made in good faith for the protection of the interest of the person making it or of any other person for the public good.
Illustration
- a) A, a shopkeeper, says to B, who manages his business, “Sell nothing to Z unless B pays you ready money, for I have no opinion of his honesty”. A is within the exception, if he has made this imputation on Z in good faith, for the protection of his own interests.
- b) A, a Magistrate, in making a report to his own superior officer, casts an imputation on the character of Z. Here, if the imputation is made in good faith, and for the public good, A is within the exception.
10) Caution[12] Intended for the good of Persons to who conveyed or for Public
Good:-
It is not defamation to convey a caution, in good faith, to one person against another, provided that such caution be intended for the good of the person to whom it is conveyed or of some person in whom that person is interested or for the public good.
II] Punishment (S. 500):-
Whoever defames another shall be punished with simple imprisonment up to 2 years, or with a fine, or both.
III] Allied[13] Offences:-
Sections 501 and 502 punish offences similarly to those under S. 499.
1) Printing engraving matter is known to be defamatory S. 501.
2) Sale of a printed and engraved substance containing defamatory matters
- 502.
Both offences are punishable similarly as provided under S. 500, i.e., imprisonment up to 2 years and a fine.
*****
[1] बेअब्रन् [ बदनामी]
[2] दोशारोप करणे / दोश माथि मारणे [दोषारोपण/दोष लगाना]
[3] दर्जा घसरविनारा [गुणवत्ता गिरणवाला]
[4] लोकहीत
[5] शासकीय नोकरदारांची त्याचे कर्तव्य बजवत असतानाची कृती बाबत मत प्रदर्शन [एक लोक सेवक के सार्वजनिक आचरण के रूप में राय की अभिव्यक्ति]
[6] सामाजिक प्रश्नासी संबंधित एखादया व्यक्तीचे कृती बाबत मतप्रदर्शन [किसी सामाजिक मुद्दे से संबंधित किसी व्यक्ति के कार्यों के बारे में एक राय की अभिव्यक्ति]
[7] न्यायाल्ययीन कामकाजाचे प्रकाशन [न्यायिक कार्यवाही का प्रकाशन]
[8] न्यायालयीन निकालाबदृल चर्चा अथवा साक्षीदारांच्या व इतरांच्या कृतीबद्ल चर्चा [अदालती फैसलों के बारे में चर्चा या गवाहों और अन्य लोगों के कार्यों के बारे में चर्चा]
[9] सामाजीक लेखाजोखा बाबत मतप्रदर्शन [सामाजिक लेखांकन पर राय]
[10] [डांटना/निंदा करना/आलोचना करना]
[11] [अधिकृत व्यक्ति के पास आरोपपत्र सौपना]
[12] ताकीद / खबरदारी / सुचना [चेतावनी/सावधानी/सूचना]
[13] ईतर संबंधित अपराध [अन्य संबंधित अपराध]