Defamation

Question 1

Essentials of Defamation

Answer 1

1. Statement must be defamatory
2. Statement must refer to the plaintiff
3. Statement should have been published

Question 2

Article 19 of _______________ recognises that respect for the reputation of other people operates as a limit to freedom of expression.

Answer 2

International Covenant on Civil and Political Rights

Question 3

_______________ is the publication of a defamatory statement in a transient form

Answer 3

Slander

Question 4

______________is defamation made in some permanent form

Answer 4

Libel

Question 5

The motive of the defendant is not material in determining liability

Answer 5

Narayanan v Narayana and Morrison v Ritchie and co

Question 6

Defamation may be in writing

Answer 6

Carr v Hood

Question 7

Making and publicly exhibiting an effigy of a person, calling it by the person’s name, and beating it with shoes, are acts of defamation.

Answer 7

Pitumber Dass v Dwarka Prashad

Question 8

The House of Lords held that it is not essential that the plaintiff should be named or there should be some key or pointer. The readers would automatically think about the plaintiff, thereby depreciating his reputation is enough.

Answer 8

Morgan vs. Odham’s Press Ltd

Question 9

A statement referring to a real person and alleging something true about him may yet be defamatory for another person bearing the same name.

Answer 9

Newstead vs. London Express

Question 10

Under the proceedings of slander in India proving of special damage is not required.

Answer 10

Parwati vs Mannar

Question 11

Libel can be in permanent form even if it is not in writing or print. A statue, caricature, signs or pictures – and thus, a wax figure – may also give rise to libel.

Answer 11

Monson v Tussauds

Question 12

The ‘permanence’ requirement doesn’t mean ‘forever’, but rather communication which exists for longer than the time the original message is communicated. Thus, the courts have gone as far as suggesting that skywriting can constitute libel since the writing takes time to disperse.

Answer 12

Gulf Oil (GB) Ltd v Page

Question 13

Defamation of deceased persons

Answer 13

Mrs. Pat Sharpe vs Dwijendra Nath Bose, Raj Kumar Saini v. Sant Kanwar

Question 14

It held unconstitutional the Section 66A of the Information Technology Act, 2000, which punishes sending of offensive messages through communication services

Answer 14

Shreya Singhal Vs. Union of India

Question 15

innuendo cases

Answer 15

Cassidy v Daily Mirror Newspapers Ltd

Question 16

When defamation is alleged against a class of persons, such class must be a well-defined class and not an indeterminate and indefinite body (such as Marxists or Leftists)

Answer 16

Krishnaswami vs. C.H Kanaran

Question 17

when an editorial in a newspaper is defamatory of a spiritual head of a community, an individual of that community does not have a right of action.

Answer 17

Dhirendra Nath Sen v. Raj at Kanti Bhadra

Question 18

a libel published of a large or indeterminate number of persons described by some general name generally fails to be actionable is the difficulty of establishing that the plaintiff was, in fact, included in the defamatory statement

Answer 18

Knuppfer v. London Express Newspapers Ltd

Question 19

defendant abused plaintiff by saying that she was not the legally married wife and that she was ejected from several places for her unchastity.

Answer 19

Parvathi v. Mannar

Question 20

Where they tend to lower the character of a plaintiff in his caste

Answer 20

-Gayadin Singh v. Mahavir Singh

Question 21

What are the defences available

Answer 21

Truth, Fair comment, Privilege, consent and apology