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DR. RAM MANOHAR LOHIYA

NATIONAL LAW UNIVERSITY
2016-17

Subject : Torts

Project On:
Libel and Slander

Submitted to : Submitted by:

Ms. Ankita Yadav Avinash Uttam

Asst. Prof. BA LLB (II sem)

Dr. RMLNLU Roll no. 51

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Index

1. Acknowledgment ………………………………….. 3
2. Defamation ………………………………………… 4
3. Libel ………………………………………………... 7
4. Slander ……………………………………………... 7
5. Differences b/w Libel & Slander …………………. 8
6. Examples …………………………………………… 10
7. Conclusion …………………………………………. 11
8. Bibliography ……………………………………….. 11
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ACKNOWLEDGEMENT

I am overwhelmed in all humbleness and gratefulness to acknowledge

my depth to all those who have helped me to put these ideas, well above
the level of simplicity and into something concrete.
I would like to express my special thanks of gratitude to my teacher Ms.
Ankita Yadav, Asst. Prof. who gave me the golden opportunity to do this
wonderful project on the topic, “Libel and Slander” which also helped me
in doing lot of research. I am really thankful to her.
Any attempt at any level can’t be satisfactorily completed without the
support and guidance of my parents and friends.
I would like to thank my friends who helped me a lot in gathering
different information, collecting data and guiding me from time to time in
making this project, despite of their busy schedules, they gave me
different ideas in making this project unique.
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Defamation
Introduction : There is always a delicate balance between one person's
right to freedom of speech and another's right to protect their good name.
It is often difficult to know which personal remarks are proper and which
run afoul of defamation law.
The term "defamation" is an all-encompassing term that covers any
statement that hurts someone's reputation. If the statement is made in
writing and published, the defamation is called "libel." If the hurtful
statement is spoken, the statement is "slander." The government can't
imprison someone for making a defamatory statement since it is not a
crime. Instead, defamation is considered to be a civil wrong, or a tort.
A person that has suffered a defamatory statement may sue the person
that made the statement under defamation law.
Elements of Defamation : Defamation law changes as one crosses
state borders, but there are normally some accepted standards that make
laws similar no matter where you are. If you think that you have been
the victim of some defamatory statement, whether slander or libel, then
you will need to file a lawsuit in order to recover. Generally speaking, in
order to win your lawsuit, you must show that:
 Someone made a statement;

 that statement was published;

 the statement caused you injury;

 the statement was false; and

 the statement did not fall into a privileged category.

The Statement -- A "statement" needs to be spoken, written, or otherwise

expressed in some manner. Because the spoken word often fades more
quickly from memory, slander is often considered less harmful than libel.
Publication -- For a statement to be published, a third party must have
seen, heard or read the defamatory statement. A third party is someone
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apart from the person making the statement and the subject of the
statement. Unlike the traditional meaning of the word "published," a
defamatory statement does not need to be printed in a book. Rather, if the
statement is heard over the television or seen scrawled on someone's door,
it is considered to be published.
Injury -- To succeed in a defamation lawsuit, the statement must be
shown to have caused injury to the subject of the statement. This means
that the statement must have hurt the reputation of the subject of the
statement. As an example, a statement has caused injury if the subject of
the statement lost work as a result of the statement.
Falsity -- Defamation law will only consider statements defamatory if
they are, in fact, false. A true statement, no matter how harmful, is not
considered defamation. In addition, because of their nature, statements of
opinion are not considered false because they are subjective to the
speaker.
Unprivileged -- Lastly, in order for a statement to be defamatory, it must
be unprivileged. Lawmakers have decided that you cannot sue for
defamation in certain instances when a statement is considered
privileged. For example, when a witness testifies at trial and makes a
statement that is both false and injurious, the witness will be immune to a
lawsuit for defamation because the act of testifying at trial is privileged.
Whether a statement is privileged or unprivileged is a policy decision
that rests on the shoulders of lawmakers. The lawmakers must weigh the
need to avoid defamation against the importance that the person making
the statement have the free ability to say what they want.
Witnesses on the stand at trial are a prime example. When a witness is
giving his testimony, we, as a society, want to ensure that the witness
gives a full account of everything without holding back for fear of saying
something defamatory. Likewise, lawmakers themselves are immune
from defamation suits resulting from statements made in legislative
chamber or in official materials.

Social Media and Defamation : With the rise of social media, it’s
now easier than ever to make a defamatory statement. That’s because
social media services like Twitter and Facebook allow you to instantly
“publish” a statement that can reach thousands of people. Whether it’s a
disparaging blog post, Facebook status update, or YouTube video, online
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defamation is treated the same way as more traditional forms. That means
you can be sued for any defamatory statements you post online.1
Indian Penal Code : As per section 499 of Indian Penal Code,
Defamation is described as, “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. ”2

1
www.findlaw.com
2
www.indiankanoon.org
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Libel

As per Black’s law dictionary, libel means Defamatory statement

published through any manner or media. If intended to simply bring
contempt, disrespect, hatred, or ridicule to a person or entity it is likely a
civil breach of law. However, if it causes mayhem or breach of peace, it
can be a criminal breach of law. Yet, again, if the statement is
newsworthy, even if defamatory, proof of benefit to the public is required
to avoid criminal complaint.3

Slander
Slander can be best described as oral defamation, in which someone tells
one or more persons an untruth about another which untruth will harm
the reputation of the person defamed. Slander is a civil wrong, and can be
a basis for a lawsuit. Damages for slander may be limited to actual
damages unless their is malicious intent, since such damages are usually
difficult to specify and harder to prove. Some statements such as an
untrue accusation of having committed a crime, having a loathsome
disease, or being unable to perform one’s occupation are treated as
slander per se since the harm and malice are obvious, and therefore
usually result in general and even punitive damage recovery by the
person harmed. Words spoken over the air on television or radio are
treated as libel and not slander on the theory that broadcasting reaches a
large audience as much if not more than printed publications.4

3
www.thelawdictionary.org
4
www.freedictionary.com
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Differences between
Slander and Libel
Definition
Libel - Defamation (communication of a false statement that harms
the reputation of an individual, business, product, group, government,
religion, or nation) in printed words or pictures.
Slander - Defamation (communication of a false statement that harms the
reputation of an individual, business, product, group, government,
religion, or nation) in spoken words or gestures.

Form
Libel - Tangible: Print, writing or pictures.

Slander - Intangible: Spoken words or gestures.

Burden of Proof
Libel - On defendant in English law; On plaintiff is American law.

Slander - On defendant in English law; On plaintiff is American law.

Cause of Action for Suit

Libel - A defamatory statement; Published to a third party; Which the
speaker knew or should have known was false; That causes injury to
the subject of the communication.
Slander - A defamatory statement; Published to a third party; Which the
speaker knew or should have known was false; That causes injury to
the subject of the communication.
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Negation
Libel - If statement in questions stands to be the truth.

Slander - If statement in questions stands to be the truth.

Punishment
Libel - Generally civil, monetary. Seditious libel – crime to criticize
public officials.
Slander - Generally civil, monetary.

Legal implications
Libel - No need to prove financial damages.

Slander - No need to prove financial damages.

Limitation
Libel - Six Years.

Slander - Two Years.5

5
www.diffen.com
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Examples

Just to know about Libel and Slander better, we will look upon
to some examples of famous libel and slander cases :

The British Sun newspaper hinted that Cameron Diaz had an affair
with Shane Nickerson, a friend. When the article was published,
she and Nickerson were in relationships and the hardly
recognizable imaged posted with the article caused damage to both
relationships, so Diaz sued for defamation. But no one is sure of the
amount of money Diaz was awarded.
 Robin Williams sued his celebrity look-alike who, with the help of his
agent, was pretending to be the actual Robin Williams. Under false
pretenses, the look-alike was cheating charities under Robin
Williams’ name and causing serious damage to his reputation.

B V P Rao contended that Tata Tea had twisted and suppressed the facts
projecting him in a very poor light by alleging that there was no
response from him as home secretary in December 1995 for providing
security after the Tata Tea received a letter from the Ulfa demanding
hundred walkie-talkie sets. Rao, who was then the state power
commissioner, claimed damage of Rs 1 crore against the Tata Tea, its
managing director R Krishna Kumar and chairman of Tata group
of companies Ratan Tata.

Anil Ambani sued brother Mukesh for damages of Rs 10,000 crore

for certain libelous statements by the latter in an interview to New
York Times. The American publication and some Indian papers
which reproduced this were also made respondents. Case was
withdrawn after the truce between brothers a few years later.
Canadian investment firm Veritas Investment filed a suit of settlement
of claim in Ontario against Indiabulls claiming $11 million (Rs 70
crore) in damages for the alleged defamatory announcements and
press releases put out by Indiabulls, which led to the closure of its
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India Research services. Indiabulls won an interim order against

the move in Delhi High court. Few months later, it also filed a suit
claiming Rs 200 crore damages from Veritas and its analyst Neeraj
Monga for submissions made in the Ontario claim.67

Conclusion
Not all torts result in bodily harm. Some cause harm to a
person's reputation instead. Defamation is the general tort that
encompasses statements that damage one's reputation. There
are different forms of defamation, including libel and slander.
The difference between libel and slander is simply whether the
statements are written (libel) or spoken (slander). If a person
suffers injury to his or her reputation as a result of another
person's statements, he or she can sue under the theory of
defamation.

Bibliography
www.findlaw.com

www.indiankanoon.org

www.thelawdictionary.org

www.freedictionary.com

www.diffen.com

www.insidecounsel.com

www.business-standard.com

6
www.insidecounsel.com
7
www.business-standard.com