Defamation as the meaning of the word suggests is an injury to the

reputation of a person resulting from a statement which is false. A man’s

reputation is treated as his property and if any person poses damage to
property he is liable under the law, similarly, a person injuring the reputation
of a person is also liable under the law. Defamation is defined in section
499 of Indian Penal Code 1860 and section 500 provides that a person
committing an offense under this section is liable with simple imprisonment
for a term of 2 years or fine or with both.

Essentials of Defamation
A. The statement must be defamatory

The very first essential of the offense of defamation is that the statement
must be defamatory i.e. which tends to lower the reputation of the
plaintiff. The test to check if a particular statement is defamatory or
not will depend upon how the right thinking members of society are
likely to take it. Further, a person cannot take a defense that the statement
was not intended to be defamatory, although it caused a feeling of hatred,
contempt or dislike.

Illustration

A publishes an advertisement in a local newspaper stating false information

that the company of B has committed fraud of Rs 20,00,000. Now, this
statement will amount to defamation as this newspaper will be read by many
readers and will surely injure the reputation of B’s company.

B. The statement must refer to the plaintiff

In an action for defamation, the plaintiff has to prove that the statement of
which he Complains referred to him, it will be immaterial that the defendant
did not intend to defame the plaintiff. If the person to whom the statement
was published could reasonably infer that the statement referred to him, the
defendant will then be liable

Illustration- If A, a bank publishes a notice to all its branches to not give the
loan to any person from xyz as the people of xyz are more often repeated
defaulters. Now due to this B, a resident of xyz has suffered a huge loss.
Now B can hold A liable for defaming him although the bank did not directly
focus on him.

C. The statement must be published

Publication of defamatory statement to some person other than the person

defamed is a most important aspect for making any person liable, and unless
that is done, no action for defamation will lie.

However, if a third person wrongfully reads a letter meant for the plaintiff,
then the defendant likely to be liable. But if the defamatory letter sent to the
plaintiff is likely to be read by somebody else, there will be a valid
publication.

Forms of Defamation

1. Slander– It is the publication of a defamatory statement in a

transient form For example- Defaming a person by way of
words or gestures.
2. Libel– It is the representation made in some permanent form.

For example- Defaming a person through a representation made in some

permanent form like writing, printing etc.