Wrongs Affecting Reputation

Defamation

Defamation is the infringement of the right of reputation. It is to defame someone. It faus under right in Rem, not right in personan. It is also the view of society about a particular person living in that society. It is like that of property.

Kinds of defamation

There are two kind of defamation:

1.      Libel

2.      Slander Defamatory Statement

A defamatory statement is a statement calculated to expose a person to hatred, contempt or ridicule, or to injure in his trade, business, profession, calling or officer or to cause him to be shunned or avoided in society.

Lible

A libel is a publication of a false and defamatory statement in some permanent form lending to injure the reputation of another person without lawful justification or excuse. Libel is a defamatory statement or representation communicated, transmitted or conveyed to a person other than the defamed through any medium of expression may it be in the form of printing, writing, image or other form comprehensible through sight or touch.

Ingredients!

falsity of the statement is presumed in plantiff’s favour, the plantiff need not prove  to be false.

Must be in Permanent Form

The statement may be in writing, printing or even conveyed by means of cinema film or a gramophone record. It must be defamatory A statement is defamatory if it tends:

1. To excite adverse opinion or feeling of other persons against plantiff
2. To prejudice his private character or credit
3. To injure him in profession, business or trade

Libel Actionable Per Se

Libel is, in all cases actionable per se, i.e. without proof of actual damage. When the statement is made in a permanent form, the law presumes, the person defamed suffered damage.

SLANDER

A slander is false and defamatory verbal or oral statement in some transitory form (e.g. defamation through a parrat) tending to injure the reputation of another without lawful justification or excuse. It is only in oral form to defame someone. It is not actionable per se, unless until the proof of your actual damage or your financial loss. If your actual damage is proved then it would be an actionable per se.

Slander and Libel Distinguished Written, Spoken

Libel is written defamation whilst slander is spoken defamation.

Permanent, Transient

Libel is defamation is a permanent form whether exhibited to eye whilst slander is defamation in a transient form whether audible as in spoken.

Tort, Crime

Libel is both a civil wrong and criminal offence; slander is civil wrong only.