defences in defamation
INTRODUCTION
Defamation, in simple words, means causing harm to the reputation of a person, group of persons or a particular class in specific. It may be done in the form of libel (representation made in some permanent form, e.g., writing, printing, picture, effigy or statue1) or in form of slander (publication of a defamatory statement in transient form. Examples of it may be spoken by words or gestures2).
To an act of defamation there are certain kinds defenses provided under the law. The defendant may exercise those defenses to defend him/her and escape his/her liability. There are several situations and circumstances where it becomes imperative to say something about another person that may be construed as being defamatory. In such cases there is no strict liability principle that is applied but rather a person may plead certain defences which are contained in the code itself in the form of exceptions. There are certain defences which are available to certain classes of people as a whole such as advocates, judges which are made necessary by virtue of their profession but none of the privileges granted by the exceptions are absolute and there is no complete immunity.
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1. R.K. Bangia, Law Of Torts, Allahabad Law Agency, Haryana, 2013, pg. no. 146
2. ibid
DEFENCES
The defences to an action for defamation are:
1. Justification or truth – if the publication complained about is true, entirely or even substantially, it can form a solid defence to defamation. But the onus is on the defendant who pleads justification to prove that the publication is true.
2. Fair Comment – It is also a defence against defamation if the defendant can prove that the publication complained about is a fair comment made in the interest of the public.
3. Privileges – a person exercising privileges is not held liable for the defamatory publication.
JUSTIFICATION OR TRUTH
In a civil action for
Defamation, in simple words, means causing harm to the reputation of a person, group of persons or a particular class in specific. It may be done in the form of libel (representation made in some permanent form, e.g., writing, printing, picture, effigy or statue1) or in form of slander (publication of a defamatory statement in transient form. Examples of it may be spoken by words or gestures2).
To an act of defamation there are certain kinds defenses provided under the law. The defendant may exercise those defenses to defend him/her and escape his/her liability. There are several situations and circumstances where it becomes imperative to say something about another person that may be construed as being defamatory. In such cases there is no strict liability principle that is applied but rather a person may plead certain defences which are contained in the code itself in the form of exceptions. There are certain defences which are available to certain classes of people as a whole such as advocates, judges which are made necessary by virtue of their profession but none of the privileges granted by the exceptions are absolute and there is no complete immunity.
____________________________
1. R.K. Bangia, Law Of Torts, Allahabad Law Agency, Haryana, 2013, pg. no. 146
2. ibid
DEFENCES
The defences to an action for defamation are:
1. Justification or truth – if the publication complained about is true, entirely or even substantially, it can form a solid defence to defamation. But the onus is on the defendant who pleads justification to prove that the publication is true.
2. Fair Comment – It is also a defence against defamation if the defendant can prove that the publication complained about is a fair comment made in the interest of the public.
3. Privileges – a person exercising privileges is not held liable for the defamatory publication.
JUSTIFICATION OR TRUTH
In a civil action for