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Defamation:
“Balance between one person’s right to freedom of speech and another’s right to protect their good
name.”
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 known as defamation.

Defamation is the act of making untrue statements about another which damages his/her reputation.

It is a statement that injures someone’s reputation. Defamation is the act of saying false things in order
to make people have a bad opinion of someone. Defamation may be defined as a communication to
some person, other than the person defamed, of the matter which tends to lower the plaintiff in the
estimation of right thinking persons or to deter them from associating or dealing with him. Defamation
is a wrong done by a person to another’s reputation by words, written or spoken, sign or other visible
representation.

Defamation is a tort and crime. In section 499-502 of PPC and section 9 of CPC deals the defamation
cases.
Definitions:
In the words of Dr. Winfield “Defamation is the publication of a statement which tends to lower a
person in the estimation of right thinking members of the society, generally or, which tends to make
them shun or avoid that person.”
“Defamation is a wrong which affecting the reputation of a person.”
“The action of damaging the good reputation of someone by liable and slander.”
Elements of Defamation:
1) False Statement:
There should be a false or injurious statement by the defendant about palaintiff. It might be oral or
written.
2) Statement must towards Plaintiff:
There should be a plaintiff alegate the defendant, he is a corrupt or damage the reputation. For example
we can say that Hamza is a currupt leader.
3) Must be Publication:
The statement must be heard or read by someone other than the person the statement is about. For
example, a private e-mail between two parties is not defamation. However, if the e-mail is sent to co-
workers, friends, or is posted for others to see on the internet, then this likely qualifies as publication
for purposes of defamation.
4) Damage/Injury:
The person about whom the defamatory statement is made must be ‘damaged’ by the statement. In
some states, it is sufficient to establish that the plaintiff suffered ‘mental anguish’ as opposed to
‘damage.’
Types of Defamation:
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(1) Libel (2) Slander

1) Libel:
Publication of false Statement made in some permanent form is called libel. For example writing form,
printing form, visual form picture form etc.OR
Any false written, documentary or visual statement or representation made either by ordinary form or
expression or by electronic or other modern means of devices that amounts to defamation shall be
actionable as libel.
What is Publication?
Come to know the people of society. Publication may be oral or in writing.
2) Slander:
Publication of false statement made in some non-permanenet form is called slander. For example
spoken words by gestures, humors, gossips etc.OR
Any false oral statement or representation that amounts to defamation shall be actionable as slander.
Difference b/w Libel and Slander
Sr No. Category Libel Slander

1 As to form Permanent Form Non-permanent form

2 As to Nature Written Verbal

3 As to proof Crime Civil wrong

4 As to malice Present Not necessary

Explanation:
Libel
1) As to form:
A libel is defamation in some permanent form, e.g., a written or printed form.
2) As to Nature:
Libel is written defamation addressed to the eye.
3) As to proof:
At Common Law, a libel is a criminal offence as well as civil wrong. Because it is in written form.
4) As to malice:
In libel, malice is present in defamation statement.
Slander
1) As to form:
A slander is defamation in non-permanent form, e.g. spoken words and gestures.
2) As to Nature:
A slander is defamation in verbal form. e.g. Slander is spoken defamation addressed to the ear.
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3) As to proof:
At Common law, a slander is a civil wrong only. Because it is in spoken and gestures etc form.
4) As to malice:
In slander, malice is not necessary in defamation statement.
Defences
In defamation proceedings a person has a defence if he shows that;
1) Not Concerned With Defendant:
Newsagents, booksellers, libraries and certain service providers can usually take advantage of this
defence. This defence can be claimed if they did not know or ought not to have known that the
published material was defamatory.
2) Statement in Good Faith:
The matter commented on is fair and in the public interest and is an expression of opinion and not an
assertion of fact and was published in good faith.
3) Public Policy:
If the defendant can prove that the publication complained about is a fair comment made in the interest
of the public.
4) Plaintiff Consent:
Another defence to a defamation action may arise if the person claiming to have been defamed
expressly or by implication consented to, assented to, acquiesced in or invited the defamation. Consent
to the publication of the allegedly defamatory statement. for example, or in a written statement of
consent, there is no defamation.
5) Truth:
It is based on truth and was made for the public good. And defendant must prove that every part of the
material is substantially true.
6) Offer to Proper Apology:
Offer to tender a proper apology and publish the same was made by the defendant but was refused by
the plaintiff.
7) Denial:
An offer to print or publish a contradiction or denial in the same manner and with the same prominence
was made but was refused by the plaintiff.
8) Privilege:
Def: Privilege is a special advantage or immunity or benefit not enjoy by are.
The matter complained of was privileged communication
such as between lawyer and client or between persons having fiduciary relations. The matter is
converted by absolute or qualified privilege.
Absolute Privilege:
The person making the statement is protecting from becoming a defendant in a defamation law suit
because of the right of absolute privilege. Examples of circumstances in which absolute privilege is
recognised include:
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 Parliament Proceedings: MPs are able speak freely during parliamentary proceedings and cannot
be sued for slander (verbal defamation) or even breaking the Official Secrets Act 1989
 State Proceedings
 judicial proceedings – judges, lawyers, juries and witnesses are among those free to make
defamatory statements – even with malice – during judicial proceedings.
Qualified Privilege:
Qualified privilege is an immunity from law suit, usally a law suit for defamation from acts committed
in the performance of a legal are moral duty and acts properly exercise and free from malice. This
malice can be shown, qualified privilege is not a protection against defamation. Examples of
circumstances in which qualified privilege is recognised include:
 Performance of duty
 Protection of common interest
 Fair reports
Remedies:
1) Apology:
This is a letter of claim sent by the solicitor of a claimant demanding an apology from the defendant in
regards to a letter written and published by the defendant. It sets out the details of the letter and states
that the allegations mentioned in letter are completely untrue and constitute a serious libel of the
claimant. It demands: a letter containing a suitable withdrawal and apology by the defendant; an
undertaking in writing that the defendant will not repeat these or similar allegations concerning the
claimant; to indemnify the claimant in respect of the costs in this matter; and to pay an appropriate sum
in damages in order to compensate the claimant.
2) Damages:
Where defamation shall be proved to have occurred, the Court may pass order directing the defendant
to tender an apology, if acceptable to the plaintiff, and publish the same in similar manner and with the
same prominence as the defamatory statement made and pay reasonable compensatory damages as
general damages with a minimum of Rs.50,000/.
In case of Originator:
In Pakistan, defamation constitutes a criminal act under Ordinance No. LVI of 2002 (“An Ordinance
To Make Provisions in Respect of Defamation”), as amended. There are two kinds of defamation under
Pakistani Law, namely: a) libel; and b) slander. The publication of defamatory matter is an actionable
wrong without proof of special damage to the person defamed. Violation under said law shall constitute
compensatory damages not less than 300,000 Rupees for the initiator.
Notice of Action:
No action lies unless the plaintiff has, within two months after the publication of the defamatory matter
has come to his notice or knowledge, given to the defendant, fourteen days notice in writing of his
intention to bring an action, specifying the defamatory matter complained of.
Limitations of District Court:
The District Court shall have the jurisdiction to try cases under this ordinance. The Court shall decide a
case under this Ordinance[2002] within a period of ninety days.
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Appeal and Limitations of High Court:

An appeal against the final decision and decree of the Court shall lie to the High Court within 30 days
and the High Court shall decide the appeal within sixty days. Provided that no appeal shall lie against
an interlocutory order of the Court.
Who is the Order to Apply in Defamation?
Section 10 says that CPC and Qanoon-e-Shahadat Order will apply mutatis mutandis to the defamation
proceedings.
Defamation Actionable:
The publication of defamatory matter is an actionable wrong with out proof of special damage to the
person defamed and where defamation is proved, damage shall be presumed.
Reasons:
1) Malice:
Malice in law is the intent, without justification excuse or reason, to commit a wrongful act that will
result in harm to another. Malice means the wrongful intention and includes all types of intent that law
deems to be wrongful.
In defamation, malice" means that the defendant said the defamatory statement
"with knowledge that it was false or with reckless disregard of whether it was false or not."
2) Intention:
Intention defined as acting with purpose or having knowledge that the act in question can cause injury
or harm to another person.
In defamation, simply because someone makes a defamatory statement does not
automatically mean that the person will be liable for defamation. The person making the statement had
to have acted inappropriately in some way. The standard of conduct required to hold a person liable for
defamation depends on who was defamed.
3) Negligence:
Negligence describes a situation in which a person acts in a careless or negligent manner which result
in someone getting hurt a property being damages.

Conclusion: