Defamation is the wrong done by a person to another’s reputation by word’s, signs, or visible representation. It is different on the one hand from wrongful acts which injure reputation. For Example: Unlawful arrest or attachment, malicious prosecution from words which cause damage to a person’s property or business and not to his reputation.
The law of defamation has been described by the Second Press Commission as “ a tale of two interests”. These interests are the interest of the individual in his reputation and the interest of the society that information should pass freely. Defamation also differs from insult caused by words or representation. Such as:-
LIBEL (Written):
Libel is a written statement. A libel is a publication of a false and defamatory statement in some permanent form tending to injure the reputation of another person without lawful justification or excuse. Essential of Libel:
- The statement must be false.
- It must be in a permanent form.
- It must be defamatory.
- It’s actionable perse.
SLANDER (Verbal):
A slander is a false and defamatory verbal or oral statement in some transitory from tending to injure the reputation of another person without lawful justification or excuse. By reputation its meant to be the opinion of the world in general.slander is never actionable without proof of special damage. It’s not actionableperse.
Ingredients:
- The matter complained must be of defamatory.
- It must be false.
- It must be published.
- It must be published by the defendant.
- There must be special damage to the plaintiff.
Defences for defamation:
1. Justification.2. Fair and bonafide comment.
3.Privilege.
