Defences to Defamation

2941 Words May 1st, 2013 12 Pages
DEFENCES TO DEFAMATION: FAIR REPORT, CONSENT, APOLOGY

* WHAT IS DEFAMATION?
Defamation is a false accusation of an offense or a malicious misrepresentation of someone's words or actions. A man’s reputation is his property, more valuable than any other property. The existing law for defamation is a reasonable restriction on the fundamental right of speech and expression conferred by article 19(1) (a) of the Indian Constitution and is saved by cl (2) of art 19. The wrong of defamation may be either committed by way of writing i.e. Libel or by way of speech i.e. Slander. There may be forms of Defamation that do not fall under Libel or Slander. A defamatory statement is a statement calculated to expose a person to hatred, contempt or
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Innuendo is an indirect intimation about a person or thing, especially of a disparaging or a derogatory nature. The court in this case rejected the plea of the plaintiff and stated that the plaintiff had agreed to run the risk of the particular form that the statement might take. In one case a school superintendent was demoted and requested a statement of reasons from the school board. The school board did so in a confidential letter, which included the allegation that the superintendent had taken part in distributing fake election flyers. Apparently the superintendent was not pleased so he submitted the letter to a newspaper and the newspaper published the letter... The court held that plaintiff' consented to the publication of the letter. Consent to a defamatory statement relinquishes all rights to claim damages. In the Simi Garewal v T.N Ramachandran, the Bombay High Court dismissed the suit for injunction filed by the plaintiff from publishing her nude photograph in a film magazine owned by the defendant. The picture was a film which was shot in India but did not release here and it was shown only in the United States. The Defendant’s magazine proposed to publish a color photo of it and the plaintiff sought an injunction restraining the defendant from doing it. There was an agreement between the producer of the movie and the plaintiff

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