Defamation laws in India

1. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
SRISHAILAN S. RAO
DEFAMATION LAWS IN
INDIA

2. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
WHAT IS DEFAMATION?
• Section 499: Whoever, by words either spoken or intended to be
read, or by signs or by visible representations, makes or publishes
any imputation concerning any person intending to harm, or
knowing or having reason to believe that such imputation will harm,
the reputation of such person, is said, except in the cases
hereinafter expected, to defame that person.
• Under English law, it is of two types’ libel & slander. Libel is a
representation made in a permanent form which means it must be
published whether through writing, printing, picture, statue etc.
Whereas slander is a representation made in oral or transit form for
e.g. by spoken words or gestures.

3. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Basic elements of Defamation
• First, the presence of defamatory content is required. Defamatory
content is defined as one calculated to injure the reputation of
another by exposing him to hatred, contempt or ridicule. However,
the test for such content is the ordinary man test where meaning of
the content is considered to be what a common, ordinary man will
comprehend it to be.
• Second, the claimant should be identified in the defamatory
statement. The content must be clearly addressing a particular
person or a very small group for it to be defamation. General
statements like “All lawyers are thieves or all politicians are corrupt”
are too broad a classification and hence no particular lawyer or
politician can consider it to be personally attributed to them.
Therefore, such statements are not defamation.
• Third, there must be a publication of the defamatory statement in
either oral or written form. Unless the content is published – made
available to someone other than the claimant, there can no
defamation.

4. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Explanations to Section 499
• Explanation 1.—It may amount to defamation to impute anything to
a deceased person, if the imputation would harm the reputation of
that person if living, and is intended to be hurtful to the feelings of
his family or other near relatives.
• Explanation 2.—It may amount to defamation to make an
imputation concerning a company or an association or collection of
persons as such.
• Explanation 3.—An imputation in the form of an alternative or
expressed ironically, may amount to defamation.
• Explanation 4.—No imputation is said to harm a person’s
reputation, unless that imputation directly or indirectly, in the
estimation of others, lowers the moral or intellectual character of
that person, or lowers the character of that person in respect of his
caste or of his calling, or lowers the credit of that person, or causes it
to be believed that the body of that person is in a loathsome state,
or in a state generally considered as disgraceful.

5. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Exceptions
• First Exception—Imputation of truth which public good
requires to be made or published.—It is not defamation to
impute anything which is true concerning any person, if it be
for the public good that the imputation should be made or
published. Whether or not it is for the public good is a
question of fact.
• Second Exception - Public conduct of public servants.—It is
not defamation to express in a good faith any opinion
whatever respecting the conduct of a public servant in the
discharge of his public functions, or respecting his character,
so far as his character appears in that conduct, and no further.
• Third Exception - Publication of reports of proceedings of
Courts.—It is not defamation to publish substantially true
report of the proceedings of a Court of Justice, or of the result
of any such proceedings

6. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Section 500 of IPC
• Punishment for defamation.—Whoever
defames another shall be punished with
simple imprisonment for a term which may
extend to two years, or with fine, or with
both.

7. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Types of Defamation
There are 2 types of Defamation:
1. Civil Defamation
2. Criminal Defamation
•In India, defamation is both civil and criminal offence. The remedy for a
civil defamation is covered under the Law of Torts. In a civil defamation
case, a person who is defamed can move either high court or
subordinate courts and seek damages in the form of monetary
compensation from the accused.
•Criminal defamation refers to intentionally harming someone’s
reputation. If the intent is not clear, then the lawsuit becomes a civil
defamation.

8. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Civil and Criminal Defamation
DIFFERENCE BETWEEN CRIMINAL & CIVIL DEFAMATION?
1. In Civil defamation, a mala fide intention to defame is not always
necessary while a Criminal defamation must contain some deliberate
malice or mala fide intention, to cause damage to reputation of
someone.
2. In civil defamation, Court fees are required to be paid as per value of
damages caused to reputation whereas court fees are NOT required at
the level of a civil case in a criminal defamation case.
3. At the end of case, court punishes offender if defamation is proved in
criminal case and awards damages to compensate loss to reputation if
defamation is proved in civil defamation case.

9. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
FREEDOM OF SPEECH VS
CRIMINAL DEFAMATION
• Article 19 (1) (a) of the Constitution guarantees every citizen of India
the freedom of free speech and expression.
• Article 19(2) limits the freedom of speech with reasonable
restrictions.
Every citizen has a right to freedom of speech and expression unless this
freedom goes against the following:
1. The sovereignty and integrity of India.
2. Security of the State.
3. Friendly relations with foreign states.
4. Public order, decency and morality.
5. Or is in relation to contempt of court, DEFAMATION, or incitement to
an offence.

10. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Basic requirements of a
successful Defamtion suit
• First, the presence of defamatory content is required.
• Second, the claimant should be identified in the defamatory
statement.
• Third, there must be a publication of the defamatory statement in
either oral or written form.
• Under a civil suit, once all these conditions are satisfied, a
defamation suit subsists, and the defendant has to take up a
defense. If the defendant fails to do so satisfactorily, the
defamation suit is successful.
• Under a criminal suit, intention to defame is an important element.
In the absence of intention, the knowledge that the publication
was likely to defame or is defamatory becomes essential. All this is
further subject to the normal standard of proof in criminal cases:
beyond reasonable doubt.

11. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONCLUSION
“He that filches from me
my good name, Robs me of that,
which not enriches him,
and makes me poor indeed.”
- William Shakespear

12. CHENNAI
III Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 24984821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 65462400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Flat No. A-701,
Brindavan Apartments,
Niloufer Hospital Road,
Redhills, Hyderabad - 500034.
Tel: +91 - 40 - 60506009
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 6506216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com