Kinds of defamation

Defamation is the publication of a false statement that harms the reputation of another person, lowering them in the estimation of right-thinking members of society. It is both a civil wrong (tort) and a criminal offence under Indian law. The law of defamation aims to protect an individual’s reputation while balancing the constitutional right to freedom of speech and expression.
Defamation is generally classified into two main kinds — Libel and Slander — depending on the form and mode of publication.

1. Libel

Libel is defamation expressed in a permanent and visible form, such as writing, print, picture, caricature, or any other tangible medium. It is addressed to the eye and has a continuing impact because of its permanence.

Characteristics of Libel:

• It is a written or printed form of defamation.
• The defamatory matter is permanent in nature (e.g., newspaper article, book, online post).
• It is actionable per se, meaning that the plaintiff need not prove actual damage to reputation; the law presumes harm.
• Libel may also constitute a criminal offence, as it involves deliberate publication to a wider audience.

Examples:

• Publishing a newspaper article falsely accusing someone of fraud.
• Circulating a defamatory photograph or cartoon.
• Posting malicious statements on social media or the internet.

Case Law:

• Youssoupoff v. Metro-Goldwyn-Mayer Pictures Ltd. (1934): A film depicted a character resembling a Russian princess as having been seduced. The court held this to be libel since it lowered her reputation in the eyes of society.
• T.V. Ramasubba Iyer v. A.M. Ahamed Mohideen (1971): A false newspaper report imputing dishonesty to a businessperson was held to constitute libel.

Libel in Indian Law:

Under Section 499 of the Indian Penal Code (IPC), both spoken and written defamation are covered. Indian law does not distinguish sharply between libel and slander; both are treated as criminal offences under Section 500 IPC, punishable with imprisonment or fine.
However, in civil law (tort), libel retains its traditional common law meaning as defamation in a permanent form.

2. Slander

Slander is defamation conveyed by spoken words, sounds, gestures, or transient forms. It is addressed to the ear and is considered less serious than libel because it is temporary and less likely to cause lasting harm unless repeated or widely disseminated.

Characteristics of Slander:

• It is oral or verbal defamation.
• It exists in a transient form (e.g., speech, gestures, or other non-permanent communication).
• It is not actionable per se; the plaintiff must prove actual damage (known as special damage).
• However, certain categories of slander are actionable without proof of special damage due to their inherently serious nature.

Exceptions — Slander Actionable Per Se:

The following types of slander are so injurious that they are actionable even without proof of actual damage:

1. Imputation of a Crime: Alleging that the plaintiff has committed a criminal offence punishable by imprisonment.
2. Imputation of a Loathsome Disease: Suggesting that a person suffers from contagious or disgraceful diseases such as leprosy or venereal disease.
3. Imputation Affecting Professional or Business Reputation: Statements that damage a person’s profession, trade, or calling (e.g., saying a doctor is a quack).
4. Imputation of Unchastity or Adultery: Accusing a woman of being unchaste or immoral.

Examples:

• Spreading a rumour that a person has embezzled money.
• Saying a teacher is incompetent or a lawyer is dishonest.
• Making a public gesture implying that someone is insane.

Case Law:

• Slander Actionable per se: In Monson v. Tussauds Ltd. (1894), a wax statue of a person was displayed with a label suggesting he had committed murder. Though unspoken, the gesture was held to constitute slander because it conveyed a defamatory imputation.
• Thorley v. Kerry (1812): The court recognised that spoken defamation (slander) requires proof of actual damage, except in the exceptional categories listed above.

Slander in Indian Law:

Under Indian criminal law, slander and libel are treated equally. Section 499 IPC defines defamation broadly to include words spoken or intended to be read, signs, or visible representations. Thus, both spoken and written defamation attract the same punishment under Section 500 IPC.
In civil law, however, Indian courts have often applied the English distinction for determining damages and evidentiary standards.

3. Other Classifications of Defamation

While libel and slander are the two main types, defamation may also be classified on other bases according to form, intention, and context.

(a) Civil and Criminal Defamation:

• Civil Defamation: It is a tort action seeking monetary compensation for harm to reputation. The plaintiff must prove that the statement was defamatory, referred to them, and was published to a third party.Remedy: Damages and injunctions.
• Criminal Defamation: It is an offence under Sections 499–502 of the IPC, punishable with imprisonment up to two years, fine, or both. The prosecution must prove intention or knowledge that the statement would harm reputation.Purpose: To protect public order and individual dignity.

(b) Innuendo and Direct Defamation:

• Direct Defamation: When the defamatory statement clearly conveys the imputation on its face without needing further explanation.Example: “Mr. X is a thief.”
• Innuendo: When the words are apparently innocent but acquire a defamatory meaning because of hidden or implied context known to certain persons.Example: Saying, “Mr. Y’s house is often visited by the police,” implying criminal association.

(c) Political, Social, and Professional Defamation:

Depending on context, defamation may be directed at:

• Political figures, damaging their public image.
• Professionals, harming their credibility (e.g., doctor, lawyer, or engineer).
• Private individuals, injuring social reputation.

4. Distinction between Libel and Slander

5. Defences to Defamation

Defendants in defamation cases may rely on recognised defences to avoid or mitigate liability:

• Truth or Justification: If the statement is true and made for public good.
• Fair Comment: Honest opinion on a matter of public interest.
• Privilege: Absolute or qualified immunity for certain communications (e.g., parliamentary or judicial proceedings).
• Apology: A prompt and sincere apology may mitigate damages.
• Consent: If the plaintiff consented to the publication.

6. Indian Perspective

Under Indian law, the distinction between libel and slander — significant in English common law — has limited relevance. The Indian Penal Code, through Section 499, treats all forms of defamation—whether spoken, written, or visual—uniformly.
However, in civil suits for damages, Indian courts sometimes consider whether the defamation was in a permanent or transient form to assess the gravity and measure of damages.