Defamation And A Tale Of Two Rules Of Publication

Defamation is the act of intentionally injuring one's character by false and malicious words in such a manner that it lowers or injures the reputation of that individual in the eyes of society or the community to which they belong. Traditionally defamation is of two varietals: libel and slander. Libel comprises of all those defamatory statements that are published and would include newspaper articles, books or even a tweet, slander on the other hand constitutes any and all defamatory statements that are spoken by an individual. While Indian laws subsume libel and slander under the umbrella term 'defamation,' it does provide for two kinds of defamation, civil and criminal defamation. The remedy for civil defamation, which is a tort, is by way of damages, while criminal defamation may be punished only through the payment of fines and/or imprisonment under the Indian Penal Code, 1860. We have, in a previousarticle, summarised the Indian position on the law of defamation.