Defamation in attacking someone’s reputation by written or oral communication copper falls and unprivileged statement. Section 499 of the Indian Penal Code deals with defamation. According to IPC, defamation is an act of injuring someone’s reputation by any means- written or spoken, published or anything that may be observed through the eyes of an ordinary man. Written defamation is also called libel and spoken defamation may also be known as slander. Defamation has been made an offence without any reference to its tendency to cause acts of illegal violence. Mental suffering caused to the person defamed is the gist of this offence. In English law, a distinction has been maintained between libel and slander, but under Indian law of such distinction has been made.

Definition as a crime in IPC-

Although freedom of speech and expression has been granted by article 19 of the constitution there are certain exemptions under article 19(1). These are- contempt of court, provocation of an offence and defamation. Under a criminal suit, the intention to defame is an important and necessary factor. It has to be proved that the act of information was done to injure the reputation of another. Article 21 guarantees the right to life which means that it shall also include the right to reputation of a person. Defamation against a deceased person- In the cases of defamation against a deceased person it is assumed that would such imputation harm the reputation of that had he been alive.

Essential ingredients-

1. Making or publishing any imputation concerning any person.
2. Such imputation must have been made by-
   (a) words either spoken or intended to be read,
   (b) visible representations
   (c) signs
3. Imputation was made with the intention of harming or with knowledge or reason to believe that it will harm the reputation of the person concerning to whom it is made.
   

Who are exempted from punishments for making defamation statements?

There are certain exceptions provided in Section 499 of IPC. They are-

• Truth for the public good – Any information which is true and for the good of people shall not be covered under defamation.
• Criticism against public officials- When the conduct of a public official is criticized when wrong and not otherwise, it shall not be covered under defamation. The criticism must be true and done with good faith.
• Fair comments against a person discharging public functions- If fair opinions are made on the conduct of a person other than a public official, who discharges public duties, it shall not be covered under defamation.
• Rights of media and press- article 19 of the constitution guarantees the right of freedom to speech and expression and therefore it extends to media also. In case the present media circulates some news aiming to defame someone, everyone including the owner, publisher and editor is held responsible for such an act.
• Report of judicial judgements and proceedings- publishing about the proceedings and judgements held in a court, that is true and appropriate, does not amount to defamation.
• Opinion about cases- If anything is published concerning a case, that may be its merits or experience of the witness, it shall not amount to defamation.
• Literary judgements- If a criticism is made against any work of any author, who submitted to the judgement of the public, it shall not amount to defamation. The judgement must be made in good faith. However, if the author has not submitted to the judgement of the public, it shall amount to defamation.
• Passing of censure- If any person passes censure arising out of a valid contract, over the conduct of another person, it shall not amount to defamation.
• Authority to complain- if a person has the authority of accusing another, it shall not amount to defamation.
• Protecting self-interest- if a person accuses another person to protect his own interest, it shall not amount to defamation.
• Caution in good faith- if any caution is made for the good of the public at large or for the good of that person, it does not amount to defamation.

Punishment- Punishment for defamation is provided under section 500 of the Indian Penal Code. It punishes the offender of defamation with simple imprisonment extending up to 2 years, or with a fine, or both.

Defences available against defamation-

(1) justification by truth- if the statement made is authentic, the truth becomes an absolute defence. The burden of proof lies on the defendant.
(2) Fair and Bonafide comment- If a comment is made in the matter of public interest, without any malicious intention, it shall be protected. Public officers, actors, authors and athletes are subject to such comments. If malice is proved, no defence lies.
(3) Fair justification pleaded- where a plea is made in respect of matters of opinion, the defendant has to only prove that the opinion expressed by him was honest and accurate.
(4) absolute privilege- this gives a person an absolute immunity arising out of a defamation lawsuit, even if the statement is defamatory. Absolute privilege is granted to

• Judicial proceedings
• Government officials
• Legislators during debates
• Political speeches
• Communication between spouses

(5) qualified privilege- the defence of qualified privilege is allowed when the person has the moral and legal duty to do so and the listener has an interest in it. This privilege can be availed of in a reference to a job interview

• Answers to police enquiries
• Review about a book or a film
• Communication made between teachers and parents
• Communication between employers and their staff
• Communication between traders and their credit agencies.

(7) statement of opinion- if the statement is not a fact but a mere opinion made by a person or a group of people, it cannot be considered defamatory unless it seriously affects someone adversely.
(8) Consent- if the plaintiff consents to the statement made, voluntary and with a sound mind, there is no defamation.
(9) censure passed- If any person passes censure arising out of a valid contract, over the conduct of another person, it shall not amount to defamation.