DEFAMATION IN ENGLISH LAW AND INDIAN LAW BY - SUNDRAM KUMAR
DEFAMATION IN ENGLISH LAW AND
INDIAN LAW
AUTHORED BY - SUNDRAM KUMAR
ABSTRACT
In this
paper, explore about the term defamation and also in detailed view on English
and Indian law. In which there are two characteristics of defamation libel and
slander. By this paper you may understand the distinction of defamation in
English and Indian law. Furthermore, in this paper the essential elements of
defamation is also cover which may helps to understand whether the statement
which is given by any person is defaming another or not. Parvathi vs. Mannar
case helps to understand the loopholes in the English law in regards with
defamation.
INTRODUCTION
In Black's
Law Dictionary, defamation means the offence of injuring a person's character,
fame, or reputation by false and malicious statement. As per the article
19(1)(a) of Indian Constitution guarantees to the citizens of india for freedom
of speech and expression with some reasonable restrictions which means all the
person has given right to freedom of speech and expression but no one defame another by saying or by written
statement which may cause harm to his reputation. In law, defamation is
attacking another's reputation by a false publication by communicating to third
party tending to bring the person into disrepute. The defamatory statement can
be orally and written. Written defamatory statement reffered as libeland orally
referred as slander.
Essentials
of defamation
1. The
statement must be defamatory.
2. The said
statement must refer to the plaintiff. The statement must be understood by
right-thinking or reasonable-minded persons as refer to the plaintiff.
3. The
statement must be published, i.e., to say, it must be communicated to some
person other than the plaintiff himself.
DEFAMATION
IN ENGLISH LAW
The law
related to defamation in England is in the defamation act of 1952 and 1996.
Under
English law, mainly because of historical reasons divides actions for
defamation in two categories: -
1. Libel
2. Slander
In English
law, libel is always actionable per se but slander considered as a no offence.
Only in exceptional cases on the proof of "special damage" slander is
actionable. The following four exceptional cases are as follows: -
1. Imputation
of criminal offence to the plaintiff;
2. Imputation
of a contagious or an infectious disease to the plaintiff which has the effect
of preventing other from associating with the plaintiff;
3. Imputation
that a person incompetent, dishonest or unfit in regard to the office,
profession, calling, trade or business carried on by him;
4. Imputation
of unchastity or adultery to any women or girl is also actionable per se. This
exception was created by the slander of Women Act, 1891.
Similar
doctrine like defamation existed thousand years ago in English and German Law,
insults were punished by cutting out the tongue and in Roman Law abusive chants
were capitally punishable.
DEFAMATION
IN INDIAN LAW
In English
law, the distinction is made between libel and slander. Where slander is
considered as a civil wrong and libel is considered as a crime. But in Indian
law there is no distinction between libel and slander, both are criminal
offence under section 499 of Indian Penal Code, 1860.
CASES
In Parvathi v. Mannar[1],
it was held by Turner C.J. and Muthuswami Ayyar, J. that English Law which,
except in certain cases, requires the proof of special damage in the case of
oral defamation, being founded on no reasonable basis, should not be adopted by
the courts of British India. They also quoted certain authorities where it was
observed that the law of England was itself unsatisfactory.
Subramanian
Swamy's writ petition. on basic seven issue but the two issue are -
(i)
Declaring the section 499 and 500 of Indian Penal
Code, 1860 as unconstitutional.
(ii)
Declaring section 199 (2) of Code of criminal
procedure, 1973, as unconstitutional.
CONCLUSION
In both
English and Indian law, Defamation is a false statement that harms reputation
of someone. In English law, libel and slander has the different punishment
mainly the both libel and slander is different but in Indian law both libel and
slander is encompasses under Defamation. In Indian law it is mainly divided in
two categories to understand the Defamation in criminal and civil wrong. The
term Defamation is considered as a criminal wrong under section 499 of Indian
Penal Code, 1860 and their punishment is given under section 500 of Indian
Penal Code, 1860.