ASSIGNMENT Tort

ASSIGNMENT – LAW OF TORTS
RIYA SINGH
19FLICDDNO1106
Q1) define defamation. What must the plaintiff prove in the defamation?
Defamation is injury to the reputation of a person. If a person injures the reputation of
another he does so at his own risk, as in the case of an interference with the property. A
man’s reputation is his property, and if possible, more valuable, than other property.
Any intentional false communication, either written or spoken, that harms a person's
reputation; decreases the respect, regard, or confidence in which a person is held; or induces
disparaging, hostile, or disagreeable opinions or feelings against a person, is called
defamation.
Criminal and Civil Defamation–
Criminal Defamation: Criminal defamation is the act of offending or defaming a person by

committing a crime or offence. For criminal defamations, you could always get the liable
person or party prosecuted. It is studied in IPC as a criminal act.
Civil Defamation: Civil defamation involves no criminal offence, but on account of this kind
of defamation, you could sue the person to get a legal compensation for your defamation. It is
studied under law of torts i.e. as a civil wrong.
Essentials of Defamation –
There are three main essentials of Defamation viz.
1. 1.The statement must be published
Defamation is the publication of a statement which tends to lower a person in the estimation
of right thinking members of society generally or which tends to make them shun or avoid
that person. The standard to be applied is that of a right minded citizen. A man of fair average
intelligence, and not that of a special class of persons whose values are not shared or
approved by the fair minded members of the society generally.
Ram Jethmalani v. Subramaniam Swamy
An inquiry commission was setup for examining the facts and circumstances relating to
assassination of late Shri Rajiv Gandhi. The defendant, at a press conference alleged that the
then Chief Minister of Tamil Nadu had prior information that LTTE cadre would make an
assassination bid on the life of Rajiv Gandhi. The plaintiff was engaged as a sr. counsel to the
then CM of TN. In discharge of his professional duties, the plaintiff cross examined the
defendant. During the proceeding, the defendant in the written conclusive submission alleged
that the plaintiff had been receiving money from LTTE, a banned organization. The statement
by defendant was ex facie defamatory.
In South Indian Railway Co. v. Ramakrishna
A ticket checker of railway asking for the identity proof and other documents as a part of his
duty is no defamation, as he has not published any defamatory statement.
THE INNUENDO –
Sometimes the statement may be prima facie innocent but because of some latent or
secondary meaning may be considered to be defamatory. When the natural and ordinary
meaning is not defamatory but the plaintiff wants to bring an action of defamation, he must
prove the latent or secondary meaning i.e., innuendo which makes the statement defamatory.
For e.g., the statement that a lady has given birth to a child is defamatory when the lady is
unmarried.
-Intention to defame is not necessary
In the Scottish case of Morrison v. Ritchie & Co. Where damages were recovered against the
proprietors of a newspaper who in all innocence had announced in the paper that a lady, who
had in fact been married only a month, had given birth to twins.
2. 2.The statement must refer to the plaintiff
If the person to whom the statement was published could reasonably infer that the statement
referred to the plaintiff, the defendant is nevertheless liable.
In Newstead v., London Express Newspapers Ltd
The defendants published an article stating that ‘Harold Newstead, a Camberwell man’ had
been convicted of bigamy. The story was true of Harold Newstead, a Camberwell barman.
The action for defamation was brought by another Harold Newstead, the barber. As the words
were considered to be understood as referring to the plaintiff, the defendants were liable.
3. 3.Defamation must be published
Publication means making the defamatory matter known to some person other than the
person defamed and unless that is done, no civil action for defamation lies.
In the case of Mahender Ram v. Harnandan Prasad it was said when a defamatory letter is
written in Urdu to the plaintiff and he doesn’t know Urdu, he asks a third person to read it, it
is not defamation unless it was proved that at the time of writing letter defendant knew that
Urdu was not known to the plaintiff.
Q2) Define libel and slander and distinguish between the two.
The basic difference between libel and slander is that libel is published defamation, while
slander is fleeting, mostly verbal. In the court of law, both are considered defamation—that
is, the communication of a false statement that harms the reputation of an individual,
business, or group. Some countries also have defamation laws that protect religions.
LIBEL SLANDER
DEFINITION Defamation (communication of a Defamation (communication of a

false statement that harms the false statement that harms the
reputation of an individual, reputation of an individual,
business, product, group, business, product, group,
government, religion, or nation) in government, religion, or nation) in
printed words or pictures. spoken words or gestures.
Tangible: Print, writing or Intangible: Spoken words or

FORM
pictures. gestures.
BURDEN OF
PROOF On defendant in English law; On On defendant in English law; On
plaintiff is American law. plaintiff is American law.
CAUSE OF
ACTION FOR A defamatory statement; Published A defamatory statement; Published
to a third party; Which the speaker to a third party; Which the speaker
SUIT knew or should have known was knew or should have known was
false; That causes injury to the false; That causes injury to the
subject of the communication. subject of the communication.
NEGATION If statement in questions stands to If statement in questions stands to
be the truth. be the truth.
PUNISHMENT
Generally civil, monetary. Generally civil, and monetary
Seditious libel – crime to criticize
public officials
LEGAL No need to prove financial
No need to prove financial
IMPLICATION damages damages
S
six years two years
LIMITATION
New York Times vs. Sullivan Food Label Law
FAMOUS
CASES
Q3) discuss the defence of qualified privilege and distinguish it from absolute
privilege.
The defence of qualified privilege allows free communication in certain relationships without
the risk of an action for defamation - generally where the person communicating the
statement has a legal, moral or social duty to make it and the recipient has a corresponding
interest in receiving it. Giving a reference for a job applicant, answering police inquiries,
communications between teachers and parents, local councillors, officers of companies,
employers and employees, or traders and credit agencies, are all relationships that are
protected by qualified privilege. However, the privileged communication must relate to the
business at hand - the relationship cannot be abused for the purpose of relaying gossip. A
person who is acting in defence of her or his reputation can claim qualified privilege, as long
as what is said is relevant to that defence. It is also available even if what was said was
untrue, as long as the required relationship exists. However, qualified privilege is not a
licence to say untruths. People making statements must believe that what they say is true.
The defence of qualified privilege cannot be used if it can be proved that the defamation was
motivated by malice - for discussion on malice see fair comment. Government and political
matters are proper subjects for public discussion and such discussion is covered by the
defence of qualified privilege. To maintain the defence of qualified privilege for such
publications the publication must not be motivated by malice and in determining whether
there is malice in these cases the court will consider whether the publisher has acted
reasonably. The publisher will have to satisfy the court that it has taken proper steps to verify
the accuracy of the material and did not believe the material to be untrue and further the
publisher's conduct will not be reasonable unless the publisher has sought a response from the
person the subject of the publication and has published any response unless it was not
practical or it was unnecessary to do so.
Absolute privilege unlike qualified privilege totally protects a person who has said a
defamatory statement against another person from lawsuit regardless of whether the
statement was made with malice or not. Absolute privilege only occurs in proceedings of
parliament, which is why they are also referred to as legislative privilege. Absolute privilege
is enjoyed mainly by legislators. So for example if a legislator, during the proceedings of
parliament, says a defamatory statement against a person, even if the statement was said with
malice, the legislator cannot be send to court for defamation.
Interestingly, if a reporter should publish the same statement made by the legislator, the
reporter only gets to use qualified privilege as a shield from a defamation or libel lawsuit.

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ASSIGNMENT – LAW OF TORTS

Criminal and Civil Defamation–

Criminal Defamation: Criminal defamation is the act of offending or defaming a person by

There are three main essentials of Defamation viz.

1. 1.The statement must be published

Ram Jethmalani v. Subramaniam Swamy

In South Indian Railway Co. v. Ramakrishna

-Intention to defame is not necessary

2. 2.The statement must refer to the plaintiff

In Newstead v., London Express Newspapers Ltd

3. 3.Defamation must be published

DEFINITION Defamation (communication of a Defamation (communication of a

Tangible: Print, writing or Intangible: Spoken words or

six years two years

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