12 Questions around this concept.
Read the passage and answer the question that follow.
The word 'defamation' is the generic name for the wrong; libel and slander are particular forms of it. In libel, the defamatory statement is made in some permanent and visible form in writing or otherwise recorded, such as printing, typing, pictures, photographs, caricatures, effigies. In slander, the defamatory statement or representation is expressed by speech or its equivalent. Besides the general defences applicable to all actions in torts, such as limitation, consent, accord and satisfaction, previous judgment, etc., the three special defences available in action for defamation, under the common law, are (1) justification (or truth), or (2) privilege, absolute or qualified, and, (3) fair comment. Truth is a defence in a Civil action, "For the law will not permit a man to recover damages in respect of an injury to a character which he either does not or ought not to possess. In a civil action, the defendant has to plead and prove the truth of the defamatory words, and not merely his belief in their truth, though honest. 'Privilege' is used here in the sense of an excuse or immunity conferred by law on statements or communications made on certain occasions called 'privileged occasions'. A privileged statement, therefore, is one which is made in such circumstances as to be exempt from the rule that a man attacks the reputation of another at his peril, that is, at his own risk. In other words, privilege includes those exceptional cases in which it is not enough, in order to create liability, to prove that the defendant has published a false and defamatory statement. The defendant being privileged, is not responsible for this alone; he is either wholly free from responsibility or is liable only on proof that he was animated by a malicious motive, and not by any genuine intention to use his privilege for the purpose for which the law gave it to him.
Question
X and Y took a lift in a Scorpio, which B was driving. In between the journey, a bolt of the wheel got loose and which led to an accident. Since B was the driver, he was able to grab the steering wheel and protect himself from major damages, but X and Y suffered serious injuries. Choose the best answer.
A and B are friends and B is about to marry a girl C. A knows that B is bankrupt but C doesn’t know it. A also secretly wants to marry C and goes to her and tells her that B is bankrupt owing to which C refuses to marry B.
Asteroid TV (a famous news channel in India) was broadcasting a reality show in which debate was going on regarding corruption in judiciary. In the same time they showed pictures of some judges with their name below their pictures that these are the judges who are charged with different offences. Mistakenly, one of the pictures flashed was of an innocent judge. However, the name was correctly depicted of the accused judge. After 15 seconds they removed the picture. Later on they sent a personal apology letter to the judge whose picture was wrongly flashed and the judge accepted the same but demanded an apology in news channel which was refused. A suit for defamation was instituted.
New: CLAT Previous Year Question Paper with Solutions
CLAT 2027: Mock Test | Sample Papers | Legal Current Affairs (March)
Admission Alert: Law Applications Open at Jindal Global Law School
Defamation and Its Forms:
Elements of Defamation:
To establish a defamation case, several elements must be proved:
Defamation Case Law: Vijay Sai v. State of Telangana & Anr. (2017)
Defenses to Defamation:
Defendants in defamation cases can assert various defenses to avoid liability:
Remedies in Defamation:
In a successful defamation case, the plaintiff may be entitled to remedies such as:
"Stay in the loop. Receive exam news, study resources, and expert advice!"