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The West Bengal National University Of Juridical Sciences

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The West Bengal National University Of Juridical Sciences

Torts Tutorial Final Draft
Defamation

Akshit Goyal (212089)
8/16/2012

I. Introduction
As stated in Dixon v. Holden “A man’s reputation is his property, and if possible, more valuable than any other property”
Defamation refers to the lowering of one’s reputation in the eyes and minds of the right thinking and reasonable members of the society. Privacy can be understood as “The right to be let alone”
Invasion of privacy means the “unauthorized interference with a person’s seclusion of himself from the public”
Invasion of privacy and publication of such private information may result in the defamation, and as such, a cause of action for defamation arises. This essay …show more content…

These are:-
1) The Statement should be defamatory
A defamatory statement is any statement “which
a) Exposes the plaintiff to hatred , contempt , ridicule , or obloquy; or
b)Tends to injure him in his profession or trade ; or
c)causes him to be shunned or avoided by his neighbours”
In the present fact situation, with the publication of the nude photos of Princess babe and Prince Skaterboy, especially in the state of ‘United Boredom” which is a state known for its conservativeness and respect for its strong culture and tradition, it can safely be deduced that it would have damaged the reputation of the plaintiffs in the eyes of the members of the society.
2) The words must refer to the plaintiff
In the magazine, “Spice-it-up”, the nude photos of the plaintiffs were published, and was captioned “celebs these days have become so open” on the cover.
The photos were also printed inside the magazine, along with the details of the past affairs of Princess Babe. Analyzing this, it can be concluded that the words which were published did in fact refer to the plaintiff.
In the case of Mrs. Gossipy, She expressly referred to the impending King and Queen of United Boredom, who we know are Princess Babe and Prince Skaterboy, so it is res ipsa loquitor that her statement referred to the plaintiffs.
3) The statement must be published
The statement was published both on the cover page of the magazine, and inside the magazine, so

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