Defamation is the publication of statement which
reflects on a person’ reputation and tends to lower him in the estimation of
right thinking members of society generally or tends to make them shun or avoid
him. In simple term it means tarnishing somebody’s image by speaking or writing
something damaging. There are two types of defamation:
1. Libel: written/published form of defamation
2. Slander: spoken/oral form of defamation
There are laws which deal with defamation. The basic idea of having a defamation law is to balance the private right to protect one's reputation with the public right to freedom of speech. It allows people to sue those who say or publish false and malicious comments.
Section 499 of the Indian Penal Code defines defamation as, ‘whoever, by words either spoken or intended to be read, or by signs or by visible, representations makes or publishes any imputation concerning any person intending to harm, or having reason to believe that such imputation will harm the reputation of such person, is said except in cases here in after expected, to defame that person.’
1. Libel: written/published form of defamation
2. Slander: spoken/oral form of defamation
There are laws which deal with defamation. The basic idea of having a defamation law is to balance the private right to protect one's reputation with the public right to freedom of speech. It allows people to sue those who say or publish false and malicious comments.
Section 499 of the Indian Penal Code defines defamation as, ‘whoever, by words either spoken or intended to be read, or by signs or by visible, representations makes or publishes any imputation concerning any person intending to harm, or having reason to believe that such imputation will harm the reputation of such person, is said except in cases here in after expected, to defame that person.’
Civil and Criminal Law of Defamation:
The Civil law relating to defamation is not codified in India. Civil action against defamation is based on the English Common Law subject to statuary exceptions. Criminal Law of defamation is contained in Sections 499-502 of the IPC.
The main difference between Civil & Criminal proceeding for defamation is pertaining to compensation. While the object of Civil action is to adequately compensate the person defamed for the loss of reputation by damages; the object of Criminal prosecution is to punish the offender by way of imprisonment of fine or both.
A malicious printing or writing or signs, diagrams, cartoons, pictures or visible expression (broadcast) tending to tarnish the reputation of a person so as to expose him/her to public hatred, contempt or ridicule comes under libel. This kind of a libel is usually categorized as civil defamation answerable in damages to the person against whom it is committed. If a libel published by a newspaper / media tends to incite a riot that would be a criminal defamation punishable by the State for the protection of public safety & public good. Publication of obscene, seditious or blasphemous words is punishable under the criminal law of defamation.
The Civil law relating to defamation is not codified in India. Civil action against defamation is based on the English Common Law subject to statuary exceptions. Criminal Law of defamation is contained in Sections 499-502 of the IPC.
The main difference between Civil & Criminal proceeding for defamation is pertaining to compensation. While the object of Civil action is to adequately compensate the person defamed for the loss of reputation by damages; the object of Criminal prosecution is to punish the offender by way of imprisonment of fine or both.
A malicious printing or writing or signs, diagrams, cartoons, pictures or visible expression (broadcast) tending to tarnish the reputation of a person so as to expose him/her to public hatred, contempt or ridicule comes under libel. This kind of a libel is usually categorized as civil defamation answerable in damages to the person against whom it is committed. If a libel published by a newspaper / media tends to incite a riot that would be a criminal defamation punishable by the State for the protection of public safety & public good. Publication of obscene, seditious or blasphemous words is punishable under the criminal law of defamation.
Defamation and Press:
Libel is one of the greatest dangers or threats to the publisher/broadcaster. If a publication/broadcaster violates the law of defamation, and defames a person, it may be subject to civil & criminal libel. Governments and their officials often want to make the law of defamation more stringent. They argue that even if the matter is brought before a court of law, the accused tenders an apology or escape with a nominal fine or light sentence (maximum punishment IPC 2 years).
On the other hand Press is of the view that the law of defamation often prevents fearless journalism and exposure of corrupt and scandalous officials. Their argument is that there is already too much misuse of criminal defamation by corporate houses and others to silence the critic and flog off free opinion. Most defendants in defamation law suits are newspapers or publishers or TV channels and most plaintiffs are corporations, business men, entertainers, and public figures.
The Press has been suggesting that the offenders be charged with only civil liability and not with criminal defamation. If it was of a criminal nature, a timely apology should relieve the offender. The press as whole has been demanding amendment of the law of defamation on the lines of the English Defamation Act 1952.
In UK, defamation is mainly a civil offence. The offence of defamatory libel lies in the tendency to provoke a breach of the peace unlike the IPC where defamation is a cognizable offence to the extent to which it causes pain in the person who is defamed
Libel is one of the greatest dangers or threats to the publisher/broadcaster. If a publication/broadcaster violates the law of defamation, and defames a person, it may be subject to civil & criminal libel. Governments and their officials often want to make the law of defamation more stringent. They argue that even if the matter is brought before a court of law, the accused tenders an apology or escape with a nominal fine or light sentence (maximum punishment IPC 2 years).
On the other hand Press is of the view that the law of defamation often prevents fearless journalism and exposure of corrupt and scandalous officials. Their argument is that there is already too much misuse of criminal defamation by corporate houses and others to silence the critic and flog off free opinion. Most defendants in defamation law suits are newspapers or publishers or TV channels and most plaintiffs are corporations, business men, entertainers, and public figures.
The Press has been suggesting that the offenders be charged with only civil liability and not with criminal defamation. If it was of a criminal nature, a timely apology should relieve the offender. The press as whole has been demanding amendment of the law of defamation on the lines of the English Defamation Act 1952.
In UK, defamation is mainly a civil offence. The offence of defamatory libel lies in the tendency to provoke a breach of the peace unlike the IPC where defamation is a cognizable offence to the extent to which it causes pain in the person who is defamed
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