Defamation
- What are the main ingredients of a tort of defamation? Give a detailed answer to this question
- Elaborate on the fundamental elements comprising the tort of defamation and provide a comprehensive response to this query.
- Identify the primary constituents that constitute a tort of defamation and expound upon them with a detailed and thorough explanation.
- What components form the basis of a tort of defamation? Offer an intricate and extensive answer to shed light on this legal matter.
Introduction
Defamation is a civil or criminal tort. It is an intentional false statement which can be written and spoken. Written statements are called libel and spoken statements are called slander. If a person has been defamed by another person, he will sue him and will receive damages from him through the court of law. Defamation catches all these statements which hurt
someone’s reputation. Defamation is not a crime but it is a tort. Defamation directly affects the person’s reputation in the eyes of society. One saying related to it” When wealth is lost, nothing is lost; when health is lost, something is lost; when a character is lost, all is lost”
Meaning of Defamation
To damage the reputation of a person by written or spoken statements which are not true is called defamation
Definition of defamation
Defamation is the publication of a false statement that lows someone’s reputation in the eyes of the members of society
Essential of defamation
Following are the essentials of defamation. Let’s look at each of these elements in detail
The statement must be false
The statement must be false. The words which have been spoken or written to defame someone’s reputation must be false. If the words published are proven false, in this situation the defamed person can take legal action to receive legal damages from the wrongdoer through the court of law
Reference to the plaintiff
The words must refer to the plaintiff in the tort of defamation. The statement doesn't need to refer to the plaintiff by name. A wrongdoer can publish defamatory material in the form of a story that story may refer to imaginary characters, but the relevant person would understand that a particular story is only referring to him
Publication
The word must be publicized. Publication means that a third person must hear or read the statements other than the person who made the statement or other than the person against whom it is made
Publication is not only through printing it can be through television, radio, speeches or even loud conversation. It also can be written in magazines, books as well as newspapers
An accusation should harm the reputation
To establish defamation, if the statement of defamation has been given to harm the reputation of another person, in this case wrongdoer will be liable for punishment against his criminal act
Kinds of defamation
Following are the two kinds of defamation. Details are as under
- Libel
- Slander
Libel
When one makes a false statement to hurt someone’s reputation in the eye of society by using different methods of printing, writing, pictures and by using any other physical form is called libel
Ingredients of libel
Following are the ingredients of libel
- Written statement
- False
- Defamatory
- Injurious
- Relates to the plaintiff
- Publication
Slander
When someone makes false statements to hurt someone’s reputation in the eyes of society by using the method of conversation is called slander
Ingredients of slander
Following are the ingredients of slander
- Oral statement
- False
- Defamatory
- Injurious
- Relates to the plaintiff
- Publication
Defences in action of defamation
Following are the defences in defamation. Details are given under
The truth of the Statement
A truth statement is a defence in defamation. If the statement given is true and correct it will be a complete defense, in this situation the statement giver will not be sued before the court by defamed person
Statement of opinion
A statement of opinion is also a defense in defamation. It means that if someone says something in an opinion-giving manner it will be considered as a statement of opinion.
For example one told someone “I think that Harold beat up his girlfriend last Saturday,” and, as a result, Harold lost his job. You were only giving your opinion; you didn’t say, “Harold beat up his girlfriend.” But you said “I think.” The word “ I think” is a statement of opinion
Conditions
- Statements must be fair
- Statements must be within the limits
- There should not hatred
- There must not be blame
- Expression of opinion
Consent
Consent of the plaintiff is a rare but bigger defense in defamation. If the defendant can prove that the plaintiff has given his consent to the statement, in an interview, or in a written, in this situation the statement giver will not be sued through the court of law. It is not easy to prove the consent of a defamed person
Privileges
Privilege is a common defense in defamation. There are two types of privileges; details of those are given below.
Absolute privilege
Absolute privilege allows the statement giver to give defamatory statements without fear of legal action even if those statements are untrue, or false. This kind of privilege has been given under a few proceedings
Conditions for absolute privilege
Following are the conditions under which a person can give defamatory statements
- Parliamentary proceedings
- Judicial proceedings
- Naval proceedings
- Military proceedings
- State proceedings
Qualified privilege
Qualified privilege allows journalists to publish defamatory statements but these should be published without hatred and should be purely in the interest of the state
Conditions for qualified privilege
Following are the conditions under which a journalist can publish a defamatory statement
- The report should be accurate
- The statement should be published in the protection of common interest
- The statement should be without hatred
Conclusion
A defamatory statement is purely a tort under the law of tort. Because defamation lowers someone’s reputation in the eyes of the law. It has two types, if it is spoken it will be called slander and if it has been printed then it will be called libel. Four kinds of privileges protect defendant from legal proceedings