Meaning of Defamation

Defamation is an act of causing harm or injury to the reputation of another. Defamation tends to injure or harm reputation, diminishes the esteem, respect, goodwill or confidence in the person. Defamation is thus an act of lowering a person image in the society.

Section 499 of the IPC defines Defamation.

Defamation (section 499)—

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 knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person.

Defamation thus as per the section can be caused by –

words either spoken or intended to be read, or
by signs or
by visible representations, making publications.

Any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person.

Thus, Defamation is an act which cause a harm or injury to the reputation of a person.

Defamation is a civil wrong but it is also a crime under Indian Penal Code, 1860 for which punishment is provided for imprisonment as well as for fine.

The object of this section is to preserve, protect and safeguard reputation. The right of reputation is inherent personal right of every individual. Section 499 IPC seeks to strike a balance between freedom of speech and expression (Article 19(I)(a) of the constitution) and Right to Reputation under Article 21 (Right to Life).

Ingredients

The ingredients of Defamation are

1. To make or publishing any imputation concerning a person;

2. Such imputation must have been made:

(a) by words (spoken or written); or

(b) by signs; or

3. The imputation must have been made with the intention of harming, or with knowledge or having reason to believe that it will harm the reputation of such person

Subject to this ingredients section 499 applies.

Section 499 can be understood with the help of these explanations.

Explanation 1. —It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.

Explanation 2.—It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.

Explanation 3.—An imputation in the form of an alternative or expressed ironically, may amount to defamation.

Explanation 4.—No imputation is said to harm a person’s reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful.

EXCEPTIONS OF DEFAMATION

The section also contains 10 exceptions under which a person will not be held guilty for the offence of Defamation. These are based on truth, good faith, public interest, etc.

Imputation of truth for public good;
Public conduct of public servants
Conduct of any person touching any public question
Publication of reports of proceedings of Courts
Merits of case decided in Court or conduct of witnesses and others concerned
Merits of public performance
Censure passed in good faith by person having lawful authority over another
Accusation preferred in good faith to authorised person
Imputation made in good faith by person for protection of his or other’s interests
Caution intended for good of person to whom conveyed or for public good

First Exception.—Imputation of truth which public good requires to be made or published.—It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact.

Second Exception.—Public conduct of public servants.—It is not defamation to express in a good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further.

Third Exception.—Conduct of any person touching any public question.—It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further.

Fourth Exception.—Publication of reports of proceedings of Courts.—It is not defamation to publish substantially true report of the proceedings of a Court of Justice, or of the result of any such proceedings.

Fifth Exception.—Merits of case decided in Court or conduct of witnesses and others concerned.—It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further.

Sixth Exception.—Merits of public performance.—It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further. Explanation.—A performance may be substituted to the judgment of the public expressly or by acts on the part of the author which imply such submission to the judgment of the public.

Seventh Exception.—Censure passed in good faith by person having lawful authority over another.—It is not defamation in a person having over another any authority, either conferred by law or arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates. Illustration A Judge censuring in good faith the conduct of a witness, or of an officer of the Court; a head of a department censuring in good faith those who are under his orders; a parent censuring in good faith a child in the presence of other children; a school-master, whose authority is derived from a parent, censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith for remissness in service; a banker censuring in good faith the cashier of his bank for the conduct of such cashier as such cashier—are within this exception.

Eighth Exception.—Accusation preferred in good faith to authorised person.—It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation. Illustration If A in good faith accuse Z before a Magistrate; if A in good faith complains of the conduct of Z, a servant, to Z’s master; if A in good faith complains of the conduct of Z, and child, to Z’s father—A is within this exception.

Ninth Exception.—Imputation made in good faith by person for protection of his or other’s interests.—It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the interests of the person making it, or of any other person, or for the public good.

Tenth Exception.—Caution intended for good of person to whom conveyed or for public good.—It is not defamation to convey a caution, in good faith, to one person against another, provided that such caution be intended for the good of the person to whom it is conveyed, or of some person in whom that person is interested, or for the public good.

Punishment

Section 500 of Indian Penal Code Provides for the Punishment for defamation.

The Section States that, Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

INNUENDO

Innuendo is an oblique remark or an indirect suggestion of derogatory nature. words which are prima facie innocent becomes actionable if read and understood correctly. Innuendo is thus a statement by the plaintiff in an action for defamation of the construction which he puts upon the words himself and attempts to induce jury or court to adopt at the trial.

For instance, a statement “David burned down his house” can be shown by pleading that the statement should be understood to mean that David was defrauding the insurance company.