UNDERSTANDING THE MEANING OF DEFAMATION AS IN LAW OF TORTS

Defamation: Defamation is another tort in India. It involves making false statements that harm the reputation of an individual or entity. Defamation can be in the form of spoken words (slander) or written words (libel). To establish a claim of defamation, the plaintiff needs to prove that the statement was false, damaging, and made without proper justification. Defamation is an attack on the reputation of a person. It means that something is said or done by a person which affects the reputation of another. It is defined as follows:

“Defamation is the publication of a statement which tends to lower a person in the estimation of right-thinking members of society generally; or which tends to make them shun or avoid that person.”

Defamation may be classified into two heads:

(i)Libel: Libel is a representation made in some permanent form, e.g. written words, pictures, caricatures(cartoon), cinema films, effigy, statue and recorded words. In a cinema film both the photographic part of it and the speech which is synchronized with it amount to tort.

(ii)Slander: Slander is the publication of a defamatory statement in a transient form; statement of temporary nature such as spoken words, or gestures. Generally, the punishment for libel is more severe than for slander. Defamation is tort as well as a crime in India.

Another important concept is Innuendo:

Innuendo: – In law, innuendo in the context of defamation refers to a subtle or indirect statement that implies a defamatory meaning beyond the literal or obvious interpretation. It’s a way of conveying a defamatory statement without explicitly stating it. Defamation, including defamation by innuendo, involves making false statements that harm a person’s reputation.